Really Need Some Advice Please. *Car Crash*

[DOGFACED]

Am not sure where in this forum this is supposed to go so apologies if this is in the wrong section !

To sum this up in brief...

Myself, sister and mother were in a car travelling to plymouth today with the 2 dogs in the boot in my mums car she had purchased only yesterday.

Going along the dual carriageway ( mum driving, me in front passenger seat and sister behind me..) a slip road came up on the LHS.

We moved into second lane from 1st ( was a 3 lane road at this point) as you do when cars want to emerge. 2 cars waiting to join, the front one was a learner driver and the second a saxo vts.

She cut across from behind the learner who was only about a quarter of the way down the slip road if that, over the chevrons seperating the road from the filtering lane and crossed straight into our path (went from filtering lane straight across 1st and into 2nd lane)

We had to brake and slow down moving into 3rd lane to avoid her.
Passed and sounded our horn whilst she gestured the good ol 'wanker' sign at us which mother duly stupidly returned.

We carried on, passed her and moved back into 2nd lane with intention of moving into 1st lane as usual routine goes.

Not long later this woman in the saxo roars next to us in 3rd (outside) lane, one hand on steering wheel, her drivers seat level with my mums. She then begins to swerve the car across her lane a couple of times to try and intimidate us. She over does it and slams her car into us clipping the back of our car.
This sends us flying across the road, smashing into the crash barrier grating along it, turning that car and bouncing off to cross all three lanes and stopping only once we touch the outside barrier. Was literally like being in a pinball machine.

Now for where I need some advice.
Mother bought the car yesterday and has fully comp insurance on her old car which is still active.
Thought she would be covered to drive this with 3rd party cover as the person who sold her the car stil had an active policy on his car remaining.
However the catch, she legally does not have any insurance as because she signed off the V5 and officially owns the vehicle this is not the case and therfore does not have valid insurance on this new car.

Renault laguna she bought cheaply off ebay as a runabout for the dogs and for the winter collecting logs, towing etc etc.

This woman is obviously at fault and that in our eyes is total black and white.
Police and ambulances attended and police crash incident people will investigate the situation and get back to us.

SO..

As it turns out mother has no insurance so this woman can't claim against our insurance to fix her car if we were deemed to be at fault. (which we aren't) and obviously now mothers car is now a total write off.

Although we have no insurance could we not have our car be fixed by her insurance company? As she is at fault and has valid insurance...

Basically saying that if we had a valid policy on this vehicle both insurance companies would fight this out between themselves to come to an agreed outcome so how wil this work with us having no insurance?

Don't know if we can claim off her insurance as it was her fault without having insurance of our own...

So there is the MIB for her . BUT it was her fault so I take it she couldn't go down that route for her car to be fixed?
Mother is worried that she will try and come after her in the small claims court for her vehicles damage as we don't have insurance but we are not at fault so my thinking is that because it was caused by her actions and not our own she would not have a leg to stand on?

There were no witnesses to the crash that stopped so there wil be a press release in the paper and radio appealing for witnesses to help with investigations.

However in a layby opposite there was a woman a 'police staff' as it said on her fleece that witnessed me assult this woman.
Don't condone violence but this woman jumped out of her car f'ing and blinding charged up and I just jumped out of my car and it ended up in handbags at dawn.

Woman now filing for assult which witness is backing up so am either looking at a restorative justice penalty (i apologisde for my actions) which I doubt she will agree to or I most likely get a caution.

Don't know how long a caution for assult stays on your record...if anyone could give me an idea that would be great. Will it show up in disclosures etc and would I have to declare it when taking insurance out etc.

Finally have been told that as we hit the crash barrier we would be liable for costs to repair it as it would be weakened after our impact. Could this be paid for by her insurance company as it was her fault it is it purely down to the indivdual to pay for regardless of fault? But this does not seem right to me for us to have to pay for it as she made us smack into it in the first place.

Anyone have any experience of what costs this generally incurs?

I know this is long, garbled etc but just have tried to get this down on paper so if anyone has any ideas/advice/suggestions or own experience with any of the above I would massively appreciate any imput that you could give!

Thanks from a black and blue but alive Chloe x
____________________
A2 License...................Order of Wheels:
Piaggio Ape50 . '04 Derbi GPR50 . '01 TW125 . '97 GSXR400 . Sexy 2001 R6 . '58 MT-03
Current: . Husqvarna TE410 . RGV250. Ducati 600ss.

[DOGFACED]

I know as far as insurance is concerned she will have the book thrown at her so don't need clarification on that point.

Thought she was covered and wasn't and in the eyes of the law needs prosecuting for the offence.

Most likely 6 points and £200 fine.

Car has not had a siezure notice on it for no insurance it just got taken away by the towing company the police had a contract with.

Has to pay £250 to be taken off the dual carriageway and £25 a day storage fee.

Extra info if it is needed.
Thanks.
____________________
A2 License...................Order of Wheels:
Piaggio Ape50 . '04 Derbi GPR50 . '01 TW125 . '97 GSXR400 . Sexy 2001 R6 . '58 MT-03
Current: . Husqvarna TE410 . RGV250. Ducati 600ss.

[Stowelly]

no insurance = no payout

[sniff6]

In hindsight your mum should of got herself a cover note.As i believe the third party thing can only be used in extreme emergency situations,though i might be wrong.So looks like they (police) might come knocking on the insurance angle.
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'Great Britain' Love it https://img43.imageshack.us/img43/3967/67004290.gif or Leave it

[angryjonny]

Assuming this woman was insured... insurance companies have expensive lawyers and you don't. So what might ordinarily be a 50/50 split, blame-wise is likely to go in her favour. Particularly as you were the "irresponsible" uninsured party and also the one issuing the thumping after the event.

If you have any lawyer friends who owe you a favour get on the phone now. Otherwise, get the vaseline out and bend over.

[Redoko]

Sad to say although obviously her fault, you had no insurance.

Payout is very unlikely.


____________________
"Let's face it, this is not the worst thing you've caught me doing."
Sudika Sportsman SK50QT > Gilera DNA50 > Honda CBR125 RW7 > Kawasaki Zephyr750 > Suzuki GSXR600 > Honda Hornet CB600F '51

[carvell]

[imanupstart]

Cant offer any advice but I hope to god you gave her a damn good slapping, hope you justified that assult charge Amazes me how reckless and retarded some people can be Hope it all works out ok

[G]

I believe she should be fine in regards to claiming from the other driver's insurance.

Some years ago I know someone who crashed without insurance when a car pulled out in front of him. The driver drove off.
Both the rider and pillion were badly hurt. He got a decent payout from the MIB as it was effectively a 'hit and run'.
Think the police never 'did' him for no insurance due to the severity of his injuries (he died a time later, believe it was considered to be related to original injuries sustained.)

You should be able to 'pass on' the claim for the road furniture if you can make a successful claim.

I think I'd be pushing to get the other woman prosecuted for dangerous driving and more if at all possible. Sadly not much that can be done about your mum getting done now, the law's an ass.

A caution does not affect insurance.

Very worth calling up some no win no fee people I expect - though best to try and find a good one.

[Redoko]

G is your GSXR still for sale?
____________________
"Let's face it, this is not the worst thing you've caught me doing."
Sudika Sportsman SK50QT > Gilera DNA50 > Honda CBR125 RW7 > Kawasaki Zephyr750 > Suzuki GSXR600 > Honda Hornet CB600F '51

[G]

Yep, tis actually Dusty's (who used to post on here lots, but hasn't for ages) - drop me a pm to not drag this thread of course too much if you want to know more than is in the link, or come have a look .

[DOGFACED]

[G]

Basically, yes you call up and lodge a claim.
Too late now, but it would have been REALLY helpful if you could have got some other witnesses - I presume no one else stopped anyway.
Worth checking with the highways agency etc to see if there's any CCTV on the junction, on the off-chance.

A hell of a lot of the time insurance companies do just bend over because it's cheaper/easier. However if their client doesn't admit liability, of course you'll have more problems. If she knows your situation, she may well try and make trouble.

No-win no fee, just call them up and they'll do the rest - they'll only take the case on if they think there's a very good change of winning generally. It works on an insurance policy for them I believe - they can take out an insurance policy which means if they lose, they still get paid - so they have to meet the criteria for that policy.

[Pete.]

[DOGFACED]

Okay will start working through the options that it appears I have..

Most places appear to be for personal injury claims as the result of a crash and not damage to the car it seems.
Injury lawyers for you etc. Any ideas where best to look?
____________________
A2 License...................Order of Wheels:
Piaggio Ape50 . '04 Derbi GPR50 . '01 TW125 . '97 GSXR400 . Sexy 2001 R6 . '58 MT-03
Current: . Husqvarna TE410 . RGV250. Ducati 600ss.

[st3v3]

I'd get as many pics as possible of as much as possible asap for documentary reasons, this could help later on.

The charges you mentioned sounded rediculous? Should be £105 initial impound fee plus £12 per day storage.

Insurance, you have to declare traffic convictions and a Caution for assault is criminal so no worries... until you apply for a job asking about criminal convictions.
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Roger wrote: Women don't get damp for clingy puppies. Get some better happy pills, hit the gym & buy a medallion the size of a dinner plate. Job done

[G]

Try this: https://www.google.co.uk/search?q=no+win+no+fee+car+accident

Might be worth a separate post on here as I'm sure plenty have used them in the case of vehicular accidents.

[duhawkz]

[iooi]

[Mord]

Did she admit her fault? It's going to be 50/50 in court if it goes that far.. your word vs her word. Unless you find a witness or police find enough evidence (but they probably will not).

Fingers crossed that you're not going to get done for driving without insurance.

[multijoy]

[Pernig]

[Mister James]

[Capt Castle]

[DOGFACED]

Basically I have a woman who is 'police staff' backing up the womans story of assult.

I was just raging, had my sister in the back of the car screaming throughout the whole smash and my mum there. Pretty much my whole family and I was so pissed off that one stupid bitches actions could have harmed them I just jumped out of the car and ran at her.
I said at the scene that she jumped out of her car and was effing and blinding as I ran at her and claimed that the punching happened simultaniously even though it was pretty much one sided.

PC rang me last night after the incident from plympton station and basically said it would be up to her how she chooses how this is going to go as she is the victim. Will try and get her to accept me getting a restorative sentence so will have to write an apology letter or I get a caution.

If I say no to getting a caution what would happen?
Police station, statements, they go away and look at the facts and then what? Would it end up in court? ...and if I pleaded non guilty to assult surely with what the witness said I would not hasve a chance...

My thoughts are:
I was in my eyes provoked by her 1, crashing into us and then 2, jumping out gobbing off.

Will be having a look on facebook later to see if I can find her. Would any comments re reckless drving etc she has made help if I was going to go to her insurance company to claim?


Thanks for the help guys
____________________
A2 License...................Order of Wheels:
Piaggio Ape50 . '04 Derbi GPR50 . '01 TW125 . '97 GSXR400 . Sexy 2001 R6 . '58 MT-03
Current: . Husqvarna TE410 . RGV250. Ducati 600ss.