Non fault RTC - Post crash advice please

[Billing]

Hi all,

This evening my dad was involved in an RTC where he is not at fault. He was waiting at a set of trafic light which were on red, when a woman crashed into the back of his car, sending his car at least 30 feet forwards. He saw her lights as she approached at speed, so put his brakes on to make sure she could see he was stopped. His car is a 1997 Vectra 2.5 V6, so not particularly light, hers is a Citroen Xsara Picasso people carrier type car.

The woman was driving under the influence of sedative prescription drugs, so shouldn't have even been on the road. She claims to have hit my dad at 30mph, which I honestly don't believe.

The rear end has totally had it, the bumper is 2 feet inside the boot, the rear wheel carrier pushed in aswell, the roof is bent, the chassis is bent because the doors have no gap at all, and the rear quarter panel is nearly an inch inside the rear door arpeture. Her car is wrecked, the bonnet has been pushed back 6 inches and up, ripping the hinge off the skin, the windscreen is cracked and the wings are smashed. The bonnet has marks on it at around 5ft high where the underside if the vectra scraped it.

The car is worth around £1200 (V6 SRi with just over 90k on the clocks) and he's had it on the road literally 2 weeks, so we are both gutted as imaginable, hers is on a 53 plate (not sure of it's value)

What my dad and I would like to know is what can we expect the outcome to be? The police were already on the way because the person behind rang through because she was all over the road. There were 3 guys who gave witness statements confirming my dad was stationary at the time and the lights were red. Will he have to go to court to fight it? As it's his only car will he get compensation because he can't get to work at all? Is there a chance the police will accept her account of 30mph or will they get a computer simulation of the crash and work out how fast she was going?

I had to go collect him from the scene (2 miles away) and was shocked at the state of the car, I'm sure she was doing at least 50 or more, the limit is 40 and right next to a school. Will she be prosecuted for Driving under the influence, driving w/o due care and attention and speeding, or will they just pick the most seriousand do her for that?

cheers, I'm just gobsmacked that she thought it was ok to drive in her state, she could barely walk, the paramedic had to hold her up while she walked. I am however relieved that dad is ok, just a bit sore and has a headache
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'84 TS50X, '91 TZR125, '89 CBR400RR, '91 VFR400R NC30, '98 R1
"Hey copernicus! Why don't you navigate yourself to the back of the line with your feet and stand there with your shit."
BCF Eastern members map here ---> g.co/maps/2tm8b PM me to be added to it!

[Phoenix]

Don't over estimate the impact speed, a solid 30mph impact is a lot worse than it sounds, on a 30mph road most people will do a lot of braking before a full on collision so actual impact speeds are much lower than 30 when you see minor bumps. Most NCAP tests are done at 30-40mph, the ones where the cars crumple to the max. If she'd hit him at 50mph she'd probably be in a very bad way as would your dad be. There will be no computer simulations, it's not CSI and nobody is dead.

It's hardly a case for any dispute so I don't see why you're bothered about the outcome really, seems pretty clear, no reason he'll go to court, she probably will, your dad get's paid by her insurance, end of. He will be entitled to courtesy car and any expenses and loss of earnings, as always keep receipts and any letters regarding anything. If his own insurance doesn't offer a cover car then a claims management firm will (they claim it off her).

[iooi]

All he has to do is contact his ins co and forget about the rest if he's FC. If he's 3rd party then he needs to get one of the many claim co's involved that will sort it out for him.
1st task is to get a hire car. No need for him, not to be able to get to work. Unless he has whiplash injuries....

Don't take much mph on a car these days for them to crumple up, thats how they are designed. Takes a lot of force out of the impact, by slowly crushing them. Unlike old cars where it would have bounced both cars a lot further.
Sounds like you old man took his foot of the brake. Good move saved him a lot of pain.

He don't have to worry about what she will get done for. Police will take statement and as far as that goes it will be the end of it. Unless she is a total prat and fights it all the way to court and he might get called. But thats highly unlikely.
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Just because my bike was A DIVVY, does not mean i am......

[Snodvan]

Make SURE your dad and anyone else in his car goes to hospital (a walk in centre is fine) or even their GP. Simply say that their car was hit from behind and ask "is there anything I can do about the stiff neck I have"?

Believe me - he WILL have a stiff neck after any sort of rear end impact. Gets worse over the following 3-4 days.

Been there - been in the same situation.

Any decent accident lawyer firm will take on such a case for such an obvious no-fault situation. Presuming just a stiff neck + some inconvenience eg regarding limitations on social life (cant did garden, go swimming) etc should get around £1500 min compensation per person in your dad's vehicle. Much more if time off work is involved. The lawyer will INSIST on sending dad etc to a specialist (which the other party will pay for).

My wife and I were rear-end shunted on 5th November. Went to the hospital the next day. No real injuries - just muscle stiffness. No loss of work time (I'm retired). Total compensation for the pair of us £2900

Snod
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04 (UK Reg) BMW F650cs, but really 02 first Reg in Holland

[panrider_uk]

[Billing]

cheers guys, the police were there literally 2 or 3 minutes after the accident, and requested an ambulance for both drivers (fortunately no passengers in either) dad was checked over at the time, and went to his GP this morning for neck stiffness and a swollen hand.

It gets better, she wasn't insured, so dads insurance company won't pay out for him to have a courtesy car. It now looks like he's totally fucked, where does it go from here? Looks like there's going to be a long drawn out court case, which will most likely end up with her getting a ban and fine, and leaving dad with nothing apart from a 'well at least she's off the road now' as a consolation I really home they throw the fucking book at her, dozy twat.
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'84 TS50X, '91 TZR125, '89 CBR400RR, '91 VFR400R NC30, '98 R1
"Hey copernicus! Why don't you navigate yourself to the back of the line with your feet and stand there with your shit."
BCF Eastern members map here ---> g.co/maps/2tm8b PM me to be added to it!

[Kickstart]

Hi

Agree with the above comments on impact speed. A 30mph impact is close to the limit of what is survivable, so anything close to that will leave the cars in a mess.

If she isn't insured then it will probably be an MIB job. Is your dad fully comp or tpft?

There is nothing to stop your father sueing the other driver. Insurance is there to cover the other drivers liability, and lack of insurance doesn't remove that liability.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Billing]

cheers, he's FC, which is much about the only upside in this whole thing. I'll see what he says, but as far as I know he doesn't intend to sue her as it'll be so expensive and drawn out, it probably wouldn't be worth it, he's now on the phone to the insurance to see what they advise
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'84 TS50X, '91 TZR125, '89 CBR400RR, '91 VFR400R NC30, '98 R1
"Hey copernicus! Why don't you navigate yourself to the back of the line with your feet and stand there with your shit."
BCF Eastern members map here ---> g.co/maps/2tm8b PM me to be added to it!

[MattHirst]

Does she actually have insurance on her vehicle but they are refusing to payout because she was under the influence of drugs?

If so then they should still payout for your dad's damages/car or whatever and then go after the silly bint for the costs.


Your dad's car has just been written off (well i'm guessing so from your description), i can't see why anyone in the right mind wouldn't want to pursue it any further. IE - taking her to court and getting every last penny that he is owed out of her (i'm on talking about fraudalent personal injury claims like someone did above), for his car, cost of a hire car etc etc
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It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Kickstart]

[Billing]

she isn't insured at all, the vehicle comes up as uninsured. He will be losing all of nis NCB, I've already suggested small claims, I'll let you know how it goes. Car is only good for parts, the chassis is bent quite severely, I'll try and get pics of the car when we go to get some stuff out of the boot
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'84 TS50X, '91 TZR125, '89 CBR400RR, '91 VFR400R NC30, '98 R1
"Hey copernicus! Why don't you navigate yourself to the back of the line with your feet and stand there with your shit."
BCF Eastern members map here ---> g.co/maps/2tm8b PM me to be added to it!

[Ichy]

[Ste]

Instruct an appropriate solicitor and make a claim from the Motor Insurers' Bureau.

[Phoenix]

Sue her if she's uninsured, unisured drivers and the bane of everyone's life why let them get away with it. Small claims court costs virtually nothing and it will be small claims for a few grand to replace a Vectra. You're annoyed at her and want the police to throw the book at her so why let up.

[skatefreak]

What about no win no fee jobbies?

Suely they would be over the moon to get some business like this?

A clear cut case of take the old mare to the docks and get her to pay for her mess?

Just a thought really but i get the impression these guys are pretty easy to deal with...

Best regards

-Jvr

[Billing]

Hi guys, we're waiting to see what the legal bods are doing, seems she's not short of cash as she has 2 houses, one of which is up for sale for just under 500k. The solicitor has written a letter about getting compensation, not sure how well thats going.

The insurance still haven't sent an offer for the car, but I've not been able to find a pre facelift Vectra SRI 2.5 V6, with around 90k for anything less than £1250, both private and trade, so have told dad they'll make a stupid offer like £900, but not to accept under £1150 and if they make a fuss ask them to find him a replacement in the same condition for the money they offer.

pics of the car attached, none of her car, and I'll upload the ones of the yellow marks on the road soon.
____________________
'84 TS50X, '91 TZR125, '89 CBR400RR, '91 VFR400R NC30, '98 R1
"Hey copernicus! Why don't you navigate yourself to the back of the line with your feet and stand there with your shit."
BCF Eastern members map here ---> g.co/maps/2tm8b PM me to be added to it!

[Kickstart]

Hi

Good luck with it. At least with assets there is a fair chance of recovering the uninsured losses.

Quick look on Ebay completed listings suggests that you might be being a bit hopeful on the price.

Looking at the pics I would say that the impact speed was a long way short of 30mph.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[st3v3]

[Dazbo666]

[Clanger]

[st3v3]

The night I had my minor car crash, I was in A&E but I didn't have real injuries and while I had whiplash from a recent bike incident, I could have said the car incident made it 10x worse, but I didn't, I can't believe such scum openly condone such things as above.
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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

[Phoenix]

[JonB]

Looking at the pics I'd say impact was probably about 15-20 MPH.

As others have said if she is uninsured make sure the courts throw everything at her. Have her TV taken away, anything.
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Be careful whose advice you buy, but, be patient with those who supply it. Advice is a form of nostalgia, dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it?s worth.

[JonB]

[weegieblue]

I work for a big motor insurer just now.

The way cars are valued is they take the price from Glass's guide for a good condition vehicle and use that as a starting point. An engineer looks at the vehicle to see the condition aside from the crash damage, such as the paintwork, interior etc. If there is anything damaged, such as scratched paintwork or a crack in the dash, they will deduct the cost of a repair to that part from the Glass's figure. That should be the the "pre accident value" figure. This is then offered to the policyholder, minus an excess if applicable.

There is an option to accept this figure as a partial payment and request a review. Another department will then look at Autotrader to see what vehicles of a similar age and condition are selling for in that particular local area. If it is more than the engineers value they can look to revise the figure and send the difference. If it's less they close the file.

I hope that helps.
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Suzuiki EN 125-2a - July 2010 to August 2010
Suzuki SV650s, 1999 model - August 2010 - now