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Legal technicalities of an accident

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Feasty
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PostPosted: 15:07 - 09 Jul 2009    Post subject: Legal technicalities of an accident Reply with quote

My missus backed our car into a low column of bricks on someones driveway whilst doing a 3 point turn on a narrow road. She was quite cut up about it due to other stuff going on aswell today, she stopped and spoke to the house owners - an old couple - apologising etc and offering to pay for it to be rebuilt. In spite of this they gave her no end of earache and wittering about it having only recently been built, why didn't she turn round somewhere else, why she didn't see it etc, etc. All partially valid points, but not really necessary to shove down a womans throat when she's on her own and you can she she's already on the verge of tears. Rolling Eyes Plus she didn't have a choice since there was a tractor blocking her way that then drove off shortly after this happened.

I'll be dropping by later to take some pic's and give them a piece of my mind about their unneccesary behaviour. Evil or Very Mad I'm also trying to work out how we stand legally, could they claim the damage off our car insurance?
At the moment we've left it that they'll get a quote and let us know how much it's going to cost and we'll just give them the cash in return for a receipt. However if they come up with a ridiculously high quote, I'm wondering what steps to take thereafter... Thumbs Up
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).
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Phoenix
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PostPosted: 15:17 - 09 Jul 2009    Post subject: Reply with quote

They're entitled to claim off your car insurance, that's what it's for. Maybe they went over the top to your girlfriend, maybe they didn't and she's exaggerating, people do that. Going round and giving them an earful isn't going to make things go any smoother is it, you'd no doubt have a few things to say if someone doing a u-turn in your road managed to demolish your wall. At the end of the day your girlfriend reversed into a wall, not the wall's fault, so take the blame, pay up via cash or insurance and leave it.
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map
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PostPosted: 15:22 - 09 Jul 2009    Post subject: Re: Legal technicalities of an accident Reply with quote

beanfeast wrote:
...At the moment we've left it that they'll get a quote and let us know how much it's going to cost and we'll just give them the cash in return for a receipt. However if they come up with a ridiculously high quote, I'm wondering what steps to take thereafter... Thumbs Up

Ideally they'd get it done under their own house insurance.
You offering cash is an extra bonus.

However, if they are doing it under insurance (your car or their house) and also taking your cash then that may be seen as fraud on their part.

You/they should also get more than one quote. Builder will make amendment if it's an insurance job or not (as an aside, IMO why do you really think insurance is high, they don't question the quotes, that's why).

HTH Thumbs Up
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arry
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PostPosted: 15:22 - 09 Jul 2009    Post subject: Reply with quote

Third Party Property Damage is covered under your motor policy.

Likelihood is they'll claim off their home insurance, who will then in turn want to subrogate their losses from your motor insurers. This will result in a loss of NCD.

To avoid them doing this, I'd go round and be very humble about it all rather than giving them another excuse to go the "no hassle" route for them which is just letting their insurer do all the work - so whilst you're on the back foot, it's a good idea to stay civil
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Feasty
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PostPosted: 15:29 - 09 Jul 2009    Post subject: Reply with quote

Phoenix wrote:
They're entitled to claim off your car insurance, that's what it's for. Maybe they went over the top to your girlfriend, maybe they didn't and she's exaggerating, people do that. Going round and giving them an earful isn't going to make things go any smoother is it, and at the end of the day your girlfriend reverse into a wall, not the wall's fault, so take the blame, pay up via cash or insurance and leave it.


It's my wife by the way, and she wasn't exaggerating. I know her well enough to know that by now! I know it's her fault and have already said as much so there's no need to go jumping on that bandwagon before it's even rolling with smart alec comments about it not being the wall's fault! Rolling Eyes

We've already agreed to pay and admitted blame, I just wondered legally how we stood - I'm already assuming they could claim off our car insurance if they wanted to, but it's a fine line between that and them taking cash from us but getting a stupidly high quote that we disagree with.


As for the rant, if someone reversed into my wall then stopped, apologised and offered to pay for it to be rebuilt I'd say "You alright? No prob's about the wall, it's just bricks and mortar. I'll get a quote and let you know, oh and thanks for stopping." Not keep going at them for no real reason. I'm more inclined to just drive off after this if it happened again! (I know I ultimately wouldn't though...)
I haven't fully decided to go round there and open my mouth yet, as like you say it could just make it worse. Some people just need to learn better manners sometimes though...
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).
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Bikeless
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PostPosted: 15:37 - 09 Jul 2009    Post subject: Reply with quote

Old people can be like that,to them it's like someone taking a hammer to your bike,they have every right to be peeved,i personally would find a builder myself and pay him to do the work so you don't get ripped off or your NCD lost.A low wall shouldn't cost too much.
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JonB
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PostPosted: 15:42 - 09 Jul 2009    Post subject: Reply with quote

beanfeast wrote:

As for the rant, if someone reversed into my wall then stopped, apologised and offered to pay for it to be rebuilt I'd say "You alright? No prob's about the wall, it's just bricks and mortar. I'll get a quote and let you know, oh and thanks for stopping." Not keep going at them for no real reason. I'm more inclined to just drive off after this if it happened again! (I know I ultimately wouldn't though...)
I haven't fully decided to go round there and open my mouth yet, as like you say it could just make it worse. Some people just need to learn better manners sometimes though...

Yeah fucking right you would. Don't talk out of your arse. If someone reversed into one of my walls it would be a major inconvienince. I wouldn't be happy about it at all. I most certainly wouldn't be saying "Ah don't worry, it only cost me a grand or so, it means absolutely nothing to me, just worry about your car". You are talking 110% codswallop if you truly believe this is how you would react.

To be fair it's a pretty fucking poor show that she couldn't 3 point turn without going into a wall narrow road or not, but she is a woman and that is to be expected. Wink

Fair enough you are annoyed at their reaction, but you are thinking completely irrationally.
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Feasty
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PostPosted: 15:55 - 09 Jul 2009    Post subject: Reply with quote

Jon B wrote:

Yeah fucking right you would. Don't talk out of your arse. If someone reversed into one of my walls it would be a major inconvienince. I wouldn't be happy about it at all. I most certainly wouldn't be saying "Ah don't worry, it only cost me a grand or so, it means absolutely nothing to me, just worry about your car". You are talking 110% codswallop if you truly believe this is how you would react.

To be fair it's a pretty fucking poor show that she couldn't 3 point turn without going into a wall narrow road or not, but she is a woman and that is to be expected. Wink

Fair enough you are annoyed at their reaction, but you are thinking completely irrationally.


Just because you might react that way, I certainly wouldn't. I know accidents happen and no-one is perfect (least of all women drivers!) and if it happened to me I wouldn't really see it as a 'major inconvenience', it's not THAT difficult to phone around a few builders and get quotes for rebuilding a wall. Course it all depends how much into walls you are, you seem really rather keen on them to work up such a sweat over one being knocked down! Wink

Of course reactions also depend on how the driver reacts after knocking it over, if they get out all cocky and don't give a shit then I'd give them what for as much as the next person (i.e you), but if it's a woman who admits fault, shows remorse and offers to pay for the repairs, what's to get upset over!? It's just a fucking wall!!

Jeez, you'd think she'd knocked over a kitten the way you'd react! Laughing
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).
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Bikeless
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PostPosted: 16:01 - 09 Jul 2009    Post subject: Reply with quote

I think i would be more worried that you think women don't exaggerate, Laughing
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Feasty
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PostPosted: 16:02 - 09 Jul 2009    Post subject: Reply with quote

fireblade2102 wrote:
I think i would be more worried that you think women don't exaggerate, Laughing


Ssshhhhhh... she might read this! Wink Laughing
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).
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pa_broon74
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PostPosted: 16:20 - 09 Jul 2009    Post subject: Reply with quote

Mmm...

having been in a similar situation, I know how you feel. You've already admitted liability, offered to pay and apologised and still the old gits bang on and on and on. It's like they're not really interested in having it repaired, just in having a bloody good moan about it.

I reversed into an old guys car in heavy snow, I'd stopped because there was a bank of snow about 3 feet high across the road, I checked my mirrors, got out the car for second, sat back down and reversed very slowly and BONK! Some old guy in brand new peugeot had pulled up mere inches from my rear bumper.

Definitely my fault and I said so, (one could've argued that given the conditions it was obvious what needed to be done...)

Still he went on and on about this that and the other, 'oh its a new car,' 'not a scratch on it' (there still wasn't, it was the merest kiss,) 'what am I going to do,' 'why didn't you look,' 'why do my false teeth rattle so,' 'my wifes got piles,' 'so have I...' Endlessly... On and on.

I ended up having to raise my voice asking him if he wanted my insurance details or not. After about ten minutes of incessant whinging; he said no. Rolling Eyes

For what it's worth, if someone damaged my property, stopped, apologised & offered to pay for the damage. I'd be fine with that, wheres the profit in moaning at them for half an hour? Accidents happen... Se la vie.

I would say that if someone knocked your wall down or damaged your property, your thinking would be completely irrational too rendering your reaction unreasonable.

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R6jonny
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PostPosted: 16:29 - 09 Jul 2009    Post subject: Reply with quote

You will probably find that if one person has reversed into it then so have others..there is a house on the corner near me that is always having its wall re-done. I imagine that gets slightly annoying maybe causing the moaning?
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Skudd
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PostPosted: 16:37 - 09 Jul 2009    Post subject: Reply with quote

Perhaps the old dears could have offered a cup of tea and a choccy digetsive?

If anyone damaged my wall they would get a right ear bashing, especially if it was basic poor driving. Reversing into a brick pillar IS poor driving.
They should claim from your insurance via their own house insurance, unless you want to protect your no claims, an average stack to be built would cost about £3-400. Anything less will be a bonus.
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MarJay
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PostPosted: 17:45 - 09 Jul 2009    Post subject: Reply with quote

Old people are just like that. My neighbours would be worse than that had it happened to them.
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dgo1212
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PostPosted: 21:02 - 09 Jul 2009    Post subject: Reply with quote

FFS it was an accident,if she'd been tanking it along the road,lost control and wiped out the wall that way fair enough,id be pissed too,but the critisism here is a little OTT to say the least,the old b4stards should be gratefull she had the decency to stop and offer to pay,plenty of others wouldn't.

Also you might find paying to have the wall repaired may be cheaper(and quicker) than going through the insurance,depending on how much your excess is,and how much of the wall is destroyed
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Robby
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PostPosted: 21:10 - 09 Jul 2009    Post subject: Reply with quote

Old people like to moan.

However, I'd be pissed off if some woman was incapable of driving and destroyed my wall attempting to perform a simple maneuver. Owners of said wall now need to find a builder, get said builder to come out and quote, and put up with said builder sucking through his teeth and talking endless bollocks.
Then they'll put the quote to you, you won't pay it, and they'll have to go through your insurance to take the money. This will take far too long and involve large amounts of paperwork. They won't get reimbursed for all this time wasted, if they're lucky they'll end up exactly where they were before your wife drove into the wall.
So they have a right to have a go. If your wife doesn't like it, she shouldn't drive into walls.
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Feasty
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PostPosted: 10:30 - 10 Jul 2009    Post subject: Reply with quote

Well I've been down there and taken some pic's, decided not to speak to them in the end unless they came out to see me taking photo's, which they didn't.
I would upload them from my phone but can't seem to connect to this forum on my phone anymore!?

Anyway, my first thought was how she managed to hit it in the first place! And 2nd thought is the pillar must have been put together with chocolate because the car is hardly marked at all yet the pillar just fell apart - obligatory BCF digram to follow... Laughing

The pillar in the pic is far bigger than the one I'm talking about but it'll do for the purpose of this post! The pillar she hit is about 2 foot high and a couple of bricks long on each side, it's the middle 1 of 3 and attached between the pillars is a thin chain. The line where the pillar came apart is perfectly flat and it would just need cementing back together again... a 30min job I could do myself with matching cement to make it look like it had never been knocked over!

So it'll just be a case of seeing what price they come back with to get it repaired now! Thumbs Up
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).
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Visitor Q
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PostPosted: 11:49 - 10 Jul 2009    Post subject: Reply with quote

Yet another nail in the coffin for 'women are better drivers'.

They hit more things, just alot slower bless em.
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Finglonga
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PostPosted: 11:49 - 10 Jul 2009    Post subject: Reply with quote

beanfeast wrote:
I could do myself with matching cement to make it look like it had never been knocked over!

So it'll just be a case of seeing what price they come back with to get it repaired now! Thumbs Up


Then offer to do it yourself and save yourself some money, do a good enough job and they may pay you to do more work. Wink
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ken
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PostPosted: 11:58 - 10 Jul 2009    Post subject: Reply with quote

I want to pick that ball of the wall (that's the one with the Very Happy face) and bowl it down an alley Wink
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Chriss
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PostPosted: 12:15 - 10 Jul 2009    Post subject: Reply with quote

For what it's worth, some people can say "No worries about X. I had my bike reversed into, and knocked over. The lady was really apologetic about it, said she just didn't see it as it was below her window.

I told her not to worry about it, she left her details in case I want to ask her for money for repairs. Hardly any damage done, just scratches, so I phoned her yesturday to tell her not to worry about it.

Was bloody amazed she didn't just drive off, hence why I 'let her off'.
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Skudd
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PostPosted: 13:58 - 10 Jul 2009    Post subject: Reply with quote

I had a guy reverse over my bike, he is now deaf in one ear, pulled him out of the car ( while he still had his seat belt on ) . I got all his details, turns out he lived about 25 miles away but just around the corner from an ex, Once I gave him a quote for the work to be done the cheque was in the post faster than a very fast thing.

As for the wall, where it is cracked means taking the whole wall down and rebuilding the full thing.
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Feasty
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PostPosted: 14:04 - 10 Jul 2009    Post subject: Reply with quote

Skudd wrote:
As for the wall, where it is cracked means taking the whole wall down and rebuilding the full thing.


Why? None of the bricks are broken, just the cement between them on one level has come apart...
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Previous: Aprilia Habana Retro 50cc (beauty), Yamaha SR125 (fell apart), Honda XR125 (nippy little commuter), Honda SLR650 (Geewhizz), Yamaha Diversion 900S (Smoooooth) written off courtesy of a stupid escaped horse.
(7 year gap), BMW F650 (Relaxing ride). Aprilia Caponord ETV1000 (Big and bold). Yamaha FZS600 (got me in trouble too quick!).
Current: Yamaha TDM 900 (Comfy, light but big, power when needed).
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Bikeless
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PostPosted: 14:27 - 10 Jul 2009    Post subject: Reply with quote

You'll probably find if you butter up the broken course and drop the unbroken stack on,it will squash all the cement mix out and be crooked.
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Skudd
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PostPosted: 14:34 - 10 Jul 2009    Post subject: Reply with quote

beanfeast wrote:
Skudd wrote:
As for the wall, where it is cracked means taking the whole wall down and rebuilding the full thing.


Why? None of the bricks are broken, just the cement between them on one level has come apart...


It won't be load bearing for gates and the like, a few winters will make it worse, then it will fall on someone. Plus it wasn't broken before it was reversed into so should be put back to the condition it was before the incident.
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