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| Marcg868 |
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 Marcg868 World Chat Champion
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| truslack |
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 truslack World Chat Champion

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| Al |
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 Al World Chat Champion

Joined: 26 Feb 2006 Karma :   
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 Posted: 19:31 - 26 Nov 2010 Post subject: |
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So didn't you have insurance then as how come you have to pay to fix her car.
I slid into the back of somebody last year in the snow, I am indeed a cunt. I was only doing less then walking pace and couldn't stop on a slope. Yet he claimed for whiplash so I would have thought at the speed your accident was at you're pretty lucky they haven't stuck a personal injury claim in. ____________________ Yamaha FZR400RR 3tj
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| james1988 |
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 james1988 World Chat Champion

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| c_dug |
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 c_dug Super Spammer

Joined: 04 Sep 2007 Karma :    
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 Posted: 19:35 - 26 Nov 2010 Post subject: Re: Court Proceedings |
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| bwfc4eva86 wrote: | I have been issued court from the accident last year now i admit its my fault. As i hit the back of her. However the particulars of the claim are absolute bollocks
Drove at speed! - Erm the road is a 50 mph road, we had slowed down to 20 she drove off after the Transit that caused the accident acclrated again up to 30. So maximum speed i hit her was 40 mph
Failed to brake, yes i hit the back of her, but cars can be controlled better under heavy braking.
Failed to keep a proper lookout?! Erm neither of us did then, she broke heaviley and i did, my reactions and brakes obviously wern't as good.
Drove into stationary vehicle, erm we were both doing 40 mph and made emergency stops.
Also £464 to repair a scratch on a bumper?!
I cant afford this and will be offering £10 a month |
You should be far enough back from the car in front that if it performs an emergency stop you have time to stop too. This means that if you have crap breaks you should leave a big gap, the reason the car in front stopped has nothing to do with the fact that you went into the back of it.
She obviously kept a proper lookout if she didn't hit the transit that caused her to brake, you failed to look far enough ahead to see that she was going to have to stop.
Also a bumper will often be replaced as the damage is done underneath the plastic, the same way that a helmet that looks more or less fine can be buggered. ____________________ I am a bellend, I am a man of constant sorrow, I am a gummy bear, I am a rock. |
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| Marcg868 |
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 Marcg868 World Chat Champion
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| Andy C |
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 Andy C Tree Seeking Missile

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| Andy C |
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 Andy C Tree Seeking Missile

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| Marcg868 |
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 Marcg868 World Chat Champion
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| Marcg868 |
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 Marcg868 World Chat Champion
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| Al |
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 Al World Chat Champion

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| Marcg868 |
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 Marcg868 World Chat Champion
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| Codemonkey |
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 Codemonkey Crazy Courier

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| G |
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 G The Voice of Reason
Joined: 02 Feb 2002 Karma :     
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| Cheeseybeaner |
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 Cheeseybeaner World Chat Champion
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 21:02 - 26 Nov 2010 Post subject: |
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This is exactly why you pay your insurance premiums.
From reading your first post it sounds like her insurance company have not heard from yours and therefore are issuing proceedings against you to recover their costs. As I see it you have two available courses of action:
Pay the costs of the repair to the woman's vehicle.
or
Contact your insurance company and ask them for a claim form. Fill that in and send it off. They might ask you why it has taken so long for you to inform them of your accident and all I can suggest is that you throw yourself at their mercy and plead ignorance/stupidity.
Bear in mind that this second course of action might result in you having to explain why you renewed your insurance under false terms, because you hadn't informed them of your accident, which means you renewed with a no-claims bonus you didn't deserve (so they will want money off you) and a back-dated increased premium for the renewal (they want more money) and you even face the risk of having your insurance cancelled and a marker against your name on the insurer's database. I would also check how much excess you pay on your policy because I strongly suspect that the excess, the increased premium you're gonna get charged and the loss of no claims is going to be a good bit more than the repair costs. My advice is, if all they want is the £464, find a way to pay it and quick. ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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 G The Voice of Reason
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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 Posted: 21:19 - 26 Nov 2010 Post subject: |
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I suspect your insurance company have been fucking her about.
Friends of mine have started proceedings against the third party in an accident before when the insurance company was just blowing hot air out of their arse instead of settling the claim.
The idea is that you get onto your insurance company and stick rocket up their arse at the same time as you put a flea in their ear.
They don't really want to take you to court, they just want the money for repairing their vehicle. It's a third party liability, you are insured for it.
Technically YOU owe them the money and you then claim for it from your insurance company. It is usual practice to just cut out the middle man and deal direct between the insurance companies.
In the unlikely event that it does land up in front of a magistrate, make sure you tell them that you were carrying insurance for this and can't understand why your insurance company hasn't settled. Take your insurance documents and make sure you discuss the matter with the clerk of the court before the case is heard (he's the one that has formal legal training).
Ultimately, if you're ordered to pay, you can claim the money back off your insurance company (less the excess). If they fuck you about, there's nothing stopping you taking the insurance company to the small claims court too. ____________________ “Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles. |
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| Marcg868 |
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 Marcg868 World Chat Champion
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| Rogerborg |
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 Rogerborg nimbA

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| dragstaar |
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 dragstaar World Chat Champion

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| Codemonkey |
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 Codemonkey Crazy Courier

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| Marcg868 |
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 Marcg868 World Chat Champion
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 23:14 - 26 Nov 2010 Post subject: |
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I would still be having a good old think about it for just £466. It'll cost you more in the long run.
How much is your excess? ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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| Paulington |
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 Paulington World Chat Champion

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Old Thread Alert!
The last post was made 15 years, 323 days ago. Instead of replying here, would creating a new thread be more useful? |
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