Starletraje Posted May 6, 2008 Share Posted May 6, 2008 just a general rant.as some of you may know my starlet was written off in march and i have since received my settlement and moved onto a new car and sold the starletwell today i get a letter from my solicitor saying that the other party has denied responsibility and claims that the damage to my car was not caused in the accident, but is the result of another accident. the thrid party's insurer wants to carry out a forensic investigation on the car, which obviously i no longer have.when i phoned up the solicitor she gave me a shpiel about how sometimes the insurance company pay out in order to minimise there cost while an investigation is ongoing but this is ridiculous.so my question to anyone who knows the law.what can they do considering i no longer have the car and have already received a settlement on it?is there anything i should be concerned about here or is this standard.Help.P.S - Bourkey i put your name in the heading cause your the only one i know on here who might have knowledge on this Quote Link to post Share on other sites
Galliano Posted May 6, 2008 Share Posted May 6, 2008 and what proof has she got to say it wasnt her fault and she left a scratch on your passengers rear cluster? thats pathetic mate and i hope you get it sorted. they can shove sending back the settlement thats for sure Quote Link to post Share on other sites
Idrees Posted May 6, 2008 Share Posted May 6, 2008 He can't prove the damage was already there, but can you prove the damage wasn't already there? You got a picture of the car a day before the accident or something with the date printed on the pics?Were there any witnesses present? Quote Link to post Share on other sites
Starletraje Posted May 6, 2008 Author Share Posted May 6, 2008 I had a mate in the car with me at the time. but that doesn't count as independent. And i don't have pictures the day before. and even if i did it wouldn't have a date stamp. This is frustrating and idrees you are right. theres no proof either way. i never had the bumper off between getting the car and the accident. as far as anyone knows there could have been underlaying damage. but if there was i had absolutely no idea about it. Quote Link to post Share on other sites
Idrees Posted May 6, 2008 Share Posted May 6, 2008 Sounds like its your word against his mate, unless he has a witness who is going with his story? Quote Link to post Share on other sites
StarletRick Posted May 6, 2008 Share Posted May 6, 2008 if youve received settlement, then its done. if it was settled, how can they claim subrogation against you/your insurance?do you have pics of the accident? Quote Link to post Share on other sites
Bourkey Posted May 6, 2008 Share Posted May 6, 2008 It's a rear end shunt if i remember correctly. Witnesses or not you would win. It is only under extremely rare circumstances you wouldn't win.I can't understand how some dumb shit would do it otherwise. It happened to my mates Punto. Someone drove into the side of him, dragged the case out for 8 months and whose fault did it end up being....hmmmm i wonder. You have posted about a dozen photos up of the rear of the car, make sure you keep them. Take as many pictures of the place where it happened, with a good diagram of how it happened and you will easily win it. Im going to be honest though it is going to be a pain in the arse. Insurance companies and solicitors ringing you up about it and sending you letters but you will win.How is you neck and back by the way. Email me at the address below if it still hurts. I think its a minimum of 2.5k for neck and back. They want to take the piss you might as well. Im off untill Monday so if you do want to claim i'll get it sorted that day.Bourkey Quote Link to post Share on other sites
Starletraje Posted May 6, 2008 Author Share Posted May 6, 2008 Idrees - she had no witnessrick - no. my own stupitidy and inexperience in this situation. i totally never thought about it at the timeBourkey - cheers man, i've kept all the photo's, and have a drawing which i submitted with the claim report. i'll get a load of photo's of the place when im at college next week just to support my case. as for the neck its fine sometimes and pretty stiff others. really irritating me now. but got correspondance from a medical examiner so should have something sorted out. also i thought you couldn't deal with cases under scot's law? Quote Link to post Share on other sites
Bourkey Posted May 6, 2008 Share Posted May 6, 2008 Shit i completley forgot your from Scotland. Oh well. Give me until Monday if you want and i'll get you a good Scottish solicitor. You wont pay a penny they will...when they lose.Just clear something up for me, Is she denying the crash ever happened or that it just wasn't her fault. Just seems really stupid if it's the first. Why would exchange details? Pictures of you car will tell the story how it is. Even if you reversed into her it's her fault for not sounding her horn so your going to win either way. I just looked at the pictures as well. I can't believe how dumb people are.Bourkey Quote Link to post Share on other sites
Starletraje Posted May 6, 2008 Author Share Posted May 6, 2008 Shit i completley forgot your from Scotland. Oh well. Give me until Monday if you want and i'll get you a good Scottish solicitor. You wont pay a penny they will...when they lose.Just clear something up for me, Is she denying the crash ever happened or that it just wasn't her fault. Just seems really stupid if it's the first. Why would exchange details? Pictures of you car will tell the story how it is. Even if you reversed into her it's her fault for not sounding her horn so your going to win either way. I just looked at the pictures as well. I can't believe how dumb people are.BourkeyAs i can read it from my solicitor, she is denying that the accident caused the damage in question. and that there must have been an accident before which i have not enlightened the insurers to. BS... and in response to the last bit of your comment. she was not much more than a metre behind me in a qeue at a roundabout... how she hit me that hard i'll never know. and how we never got pushed into rush hour traffic on the main artery of kirkcaldy is nothing short of a miracle. Quote Link to post Share on other sites
Bourkey Posted May 6, 2008 Share Posted May 6, 2008 Yeah the insurers sound like they are talking crap. You would know if there was two accidents by the crash marks on the back. The chances of you having two identical crashes on a car you have owned for a very short period of time are as slim as winning more than £1 on a scratch card.She sounds like a 1000000 watt bulb to me if she can crash in traffic. I just don't understand how it's done at all. It's just stop and start. If you go through a hedge at 50 it's clear why you crashed but if you can't even control your car at 10mph then i'd get a bus pass.Bourkey Quote Link to post Share on other sites
Starletraje Posted May 6, 2008 Author Share Posted May 6, 2008 agreed. On a happier note hows the FTE? Quote Link to post Share on other sites
Bourkey Posted May 6, 2008 Share Posted May 6, 2008 It would be fantastic if i ever drove it. I have to wait until tomorrow now until the back box is sorted as i can't be bothered driving it around sounding like a V8. I did go for a quick ride earlier today though. I drove it about 1 mile and even thought im not going over 3.5k revs it's still fantastic. ;)Bourkey Quote Link to post Share on other sites
Starletraje Posted May 6, 2008 Author Share Posted May 6, 2008 superb. just working it in just now i take it then?did it make much of a difference insurance wise? Quote Link to post Share on other sites
Bourkey Posted May 6, 2008 Share Posted May 6, 2008 Yeah just got to run it in for a few hundred miles before i can really play with it. Don't want to blow it up by not being patient. And yes it did make a difference insurance wise. A good noticable difference that im willing to pay for. When you hit boost and makes you smile it's worth paying for!! ;)Bourkey Quote Link to post Share on other sites
Tahiti Posted May 7, 2008 Share Posted May 7, 2008 My brother's got a similar case going on - it's coming up to court stage now apparently. Bloke hit him in the rear three quarter (behind the rear wheel) and wrote his car off, and the insurers are fighting it all the way! Considering most insurers are not looking to do the right thing, and simply minimise their costs while getting a claim sorted, it's crazy.Hope you get it sorted mate - at the end of the day, if she hit you in the rear (and she's not denying it), and there is no proof of any previous damage, she's on thin ice - f**king people! Quote Link to post Share on other sites
Joey Posted May 7, 2008 Share Posted May 7, 2008 yeah i agree with Bourkey (I also work in Law). Just make sure you have that diagram and the photos from before and you should be fine. You also have a witness so i make out in your friend so that could go to supporting you in the long run. All the best with it. Some people are so pathetic with things like this - think if they deny responsibility that they are going to acheive something from it. I see it soo often. Quote Link to post Share on other sites
Bourkey Posted May 7, 2008 Share Posted May 7, 2008 Just another quick note to add to this and im sure Joey will know what i mean. Insurance companies blatantly deny a case like this in case they could win it on the fact there was now witnesses, this is so they can claim back there costs when in actual fact they can add hundreds to thousands of costs on top of the case for themselves to pay when they lose.Quick example. I dealt with one where their insurance company denied liability for 1.5 years and we went to massive legnths to prove their side was guilty. This added over £2k to the costs. I don't see why any company would do it. It's just stupid. Quote Link to post Share on other sites
Starletraje Posted May 7, 2008 Author Share Posted May 7, 2008 yeah bourkey i know what you mean, construction companies do this a lot, they fight larger cases but pay out straight away on smaller cases. predominately because the smaller cases come below there excess so its not in there interest to fight it Quote Link to post Share on other sites
Joey Posted May 7, 2008 Share Posted May 7, 2008 yeah i agree - it is stupid but hey, thats insurance companies for you Quote Link to post Share on other sites
Starletraje Posted May 7, 2008 Author Share Posted May 7, 2008 tell me bout it... Quote Link to post Share on other sites
Joey Posted May 7, 2008 Share Posted May 7, 2008 i hope it goes alright for you though - just remember to keep any documenation you have to prove your corner Quote Link to post Share on other sites
Starletraje Posted May 7, 2008 Author Share Posted May 7, 2008 yeah i have every single bit of correspondance in a file. surprisingly organised for me Quote Link to post Share on other sites
Joey Posted May 7, 2008 Share Posted May 7, 2008 well then im sure you wont have a problem ;) Quote Link to post Share on other sites
Starletraje Posted May 7, 2008 Author Share Posted May 7, 2008 thanks for your help joey and bourkey, ill keep posting here as things go on. Quote Link to post Share on other sites
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.