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Marcg868
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PostPosted: 19:17 - 26 Nov 2010    Post subject: Court Proceedings Reply with quote

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
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truslack
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PostPosted: 19:22 - 26 Nov 2010    Post subject: Reply with quote

Only a cunt hits the car in front
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Al
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PostPosted: 19:31 - 26 Nov 2010    Post subject: Reply with quote

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.
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james1988
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PostPosted: 19:35 - 26 Nov 2010    Post subject: Reply with quote

Never was a truer word spoken.

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c_dug
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PostPosted: 19:35 - 26 Nov 2010    Post subject: Re: Court Proceedings Reply with quote

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.
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Marcg868
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PostPosted: 19:36 - 26 Nov 2010    Post subject: Reply with quote

Al wrote:
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.


This is what i wanna know, why it hasn't gone through my insurance. I was insured then and renewed my insurance in march this year with the same company.

I shouldn't of hit her, but there was no injuries to her and no damage to her car. If anything it was me that was injured.

Does this have been settled out of court or can my insurance deal with it?
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Andy C
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PostPosted: 19:36 - 26 Nov 2010    Post subject: Re: Court Proceedings Reply with quote

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


When I crashed I was told my Davo there was hardly a scratch on the car and I got the bill through for £1500. When you take it a garage a say "its an insurance job, make it how it was before" they really go to town on it. £464 is a bargin In my opinion as I didnt even take her bumper off.

That said I only paid a few hundred as was insured. By this are you saying you dont have insurance and thats what the court proceeding it about?

If so £10/month is an absolute pisstake since they did nothing wrong and you went into the back of them and now THEY have to be out of pocket for almost 4 years (plus all the time before the accident and now).
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Andy C
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PostPosted: 19:38 - 26 Nov 2010    Post subject: Reply with quote

bwfc4eva86 wrote:
Does this have been settled out of court or can my insurance deal with it?


Surely if do have insurance your insurance company are currently involved and the claim is being processed?
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Marcg868
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PostPosted: 19:38 - 26 Nov 2010    Post subject: Reply with quote

It is a pisstake, but then thats all i can afford. I earn a low income and have arrears as it is.
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Marcg868
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PostPosted: 19:40 - 26 Nov 2010    Post subject: Reply with quote

Andy C wrote:
bwfc4eva86 wrote:
Does this have been settled out of court or can my insurance deal with it?


Surely if do have insurance your insurance company are currently involved and the claim is being processed?


I have heard nothing about the accident since last year till i got this through.
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Al
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PostPosted: 19:40 - 26 Nov 2010    Post subject: Reply with quote

bwfc4eva86 wrote:

This is what i wanna know, why it hasn't gone through my insurance. I was insured then and renewed my insurance in march this year with the same company.


Well have your insurance company not said why they aren't settling the claim Confused
Have you reported it to them?
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Marcg868
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PostPosted: 20:01 - 26 Nov 2010    Post subject: Reply with quote

Reported the accident and thats all i thought i had to do!
Then heard nowt till now.
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Codemonkey
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PostPosted: 20:10 - 26 Nov 2010    Post subject: Reply with quote

Who did you report it to ? (You should have notified your insurance company).

Did you give your insurance details to the woman you hit ?
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G
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PostPosted: 20:16 - 26 Nov 2010    Post subject: Reply with quote

Presuming you want it to go through insurance - just tell your insurance company and pass on their details again.

Where does 'court' come in to it?
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Cheeseybeaner
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PostPosted: 21:00 - 26 Nov 2010    Post subject: Reply with quote

bwfc4eva86 wrote:
Reported the accident and thats all i thought i had to do!
Then heard nowt till now.


So you filled in no accident details, gave no witness details, drew no diagrams, nothing? Seems odd they've not asked for any details from you. For just £460 I'd have thought the insurance company would have been very quick to pay her, it would save them an awful lot of legal expense, seems odd that you're suggesting they want to take you to court if you were insured?
You should get in touch with the claims department at your insurers and tell them about the letter and they'll surely pay for it assuming you notified them.
Its not your responsibility to pay that money if you were insured, her insurance firm should be dealing with yours.
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Pete.
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PostPosted: 21:02 - 26 Nov 2010    Post subject: Reply with quote

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.
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G
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PostPosted: 21:03 - 26 Nov 2010    Post subject: Reply with quote

Further - I'd perhaps ask for more evidence of exactly what repair work was done and details of the damage caused. Quite likely she reversed into a bollard, but doesn't want to pay for the damage.
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stinkwheel
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PostPosted: 21:19 - 26 Nov 2010    Post subject: Reply with quote

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.
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Marcg868
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PostPosted: 22:25 - 26 Nov 2010    Post subject: Reply with quote

basically the day of the accident i informed my insurance about the accident and gave her details to them and mine and what happened. Heard nothing from my insurance so thought nothing of it and renewed my insurance this august because i thought she had not bothered as id heard nothing from my insurance or hers.
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Rogerborg
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PostPosted: 22:27 - 26 Nov 2010    Post subject: Reply with quote

Yup, the onus on you to pay out, or to ensure that your insurers do.

The same thing happened to me many years ago. My insurer (Endsleigh - NAME AND SHAME) dicked around for over a year before paying out on a simple claim. The other party was - quite rightly - threatening me with action.

Eventually it came down to me sending a similar "Notice before action" to Endsleigh telling them that I'd be starting court action against them - and adding all the costs on to the accident costs - before they finally paid up. Bloody crooks.
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dragstaar
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PostPosted: 22:52 - 26 Nov 2010    Post subject: Reply with quote

you may not have received any documents because you admitted liability. Although this all does seem awfully fucking dodgy to me. There is a fish in here somewhere and i can smell it.

What was the ccourt proceedings letter like? did it look official? Did it ask for a check to be written out, because it may be a scam, if the woman has already paid and wants a double payment.

call your insurance company and ask them what they hanve on record for the accident, and what their systems say took place (i.e. claim settled/claim ongoing etc).
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Codemonkey
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PostPosted: 23:08 - 26 Nov 2010    Post subject: Reply with quote

bwfc4eva86 wrote:
basically the day of the accident i informed my insurance about the accident and gave her details to them and mine and what happened. Heard nothing from my insurance so thought nothing of it and renewed my insurance this august because i thought she had not bothered as id heard nothing from my insurance or hers.


But did you actually give her your insurance details ? She needs those so her insurers can claim from you (though her insurers can probably find them out from your reg num). Maybe they didn't do that and now are pursuing you for the money directly!
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Marcg868
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PostPosted: 23:12 - 26 Nov 2010    Post subject: Reply with quote

defo official! from mansfield county court. will photocopy it and send it to my insurance. I have no bother about admitting i hit her and its my fault. What i won't accept is paying out of my own pocket when this is what the insurance is for. Insurance is with highway through express insurance.
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Pete.
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PostPosted: 23:14 - 26 Nov 2010    Post subject: Reply with quote

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?
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Paulington
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PostPosted: 23:15 - 26 Nov 2010    Post subject: Reply with quote

bwfc4eva86 wrote:
Does this have been settled out of court

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