Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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Last year a guy claimed against me after he drove into my stationary car. My car wasnt damaged so I didnt claim but informed my insurance company immediately, the guy was aggressive and tried to blame me, then he filed a claim against me. Direct Line told me I had nothing to worry about because he wouldnt be able to prove I was moving and the damage was consistent with my story. 6 months later hes tried to claim and we both put our stories forward, weeks later ive now recieved a letter to say Direct Line are holding me at fault saying that I drove into him. Its absolute bullshit, now can I have any chance of contesting this or should I go and punch a wall for half an hour and try and forget about it?
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Welsh Dan
Member
Registered: 23rd Mar 00
User status: Offline
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Any CCTV or pictures of his damage?
[Edited on 31-07-2011 by Welsh Dan]
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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No, it was just a scrape on the side of his car and a bit of a dent. He was driving passed my car and turn toward it and caught my front bumper on his rear quarter
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Jambo
Member
Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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I assume there are no witnesses?
If I was settling claims and I was dealing with two people, one of whom was angry and loud and another who punched walls instead of writing back, I'd probably give it to angry loud man.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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ps, I've written lots of letters and phoned a lot of people and won most times.
[Edited on 31-07-2011 by Ian]
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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No witnesses on my side, I couldn't speak for him. Ive so far done everything properly and been cooperative with my insurance company, I feel quite let down after I was assured I was safe with them, especially as they have put it to me in a letter without any option of disputing it.
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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quote:
Originally posted by Butler
Ive so far done everything properly and been cooperative with my insurance company.
That's probably your problem. Phone them up and be clear that you're not ever going to stop phoning them unless they decide the claim in your favour. Give them sufficient evidence to be able to do so properly, ie. full and proper testimony of the entire set of events, ask for his story, pick bits in it, question the soundness of every single matter of truth that he commits to paper, question his integrity, insult his wife, it doesn't matter, whatever it takes to make the most noise.
Nice man comes last, tell them you plan on winning this one.
You may even have legal protection that will enable you to go to court without too much worry? No hassle to you if so. Even if you go and lose you'll only be in the same position are you are now.
[Edited on 31-07-2011 by Ian]
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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I have legal protection, apparently it only covers you against uninsured drivers though? I won't back down, insulting his wife won't be hard either 
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Graham88
Member
Registered: 16th Apr 07
Location: South East Kent Drives: E46 M3
User status: Offline
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If you weren't at fault why should you settle with that? The guy sounds like an absolute piece. He's lucky you haven't taken things into your hands tbh as I know plenty of people that would have by now!
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Twitch
Member
Registered: 3rd Nov 09
Location: Flitwick, Bedfordshire
User status: Offline
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Tbh get a letter sent out to him saying he is requested to court for slander and fraud. might make him change his mind. i always drop the legal bomb when getting messed around and not failed yet. ofc that only works if your storey is 100% legit. which im sure it is 
[Edited on 01-08-2011 by Twitch]
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
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You can't write to him direct and it's also not your responsibility to bring legal action.
I'm talking about discussing it with your insurer, who is appointed to deal on your behalf.
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sc0ott
Member
Registered: 16th Feb 09
User status: Offline
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Hes probably aggressive because he knows he was in the wrong so acting like that is clearly a stunt to try make you shit your pants / take the blame.
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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Fucking hello butler this happened ages ago. Iirc you drove off which probably isn't helping your case
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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Yeah I did Steve, but my insurer at the time said I didnt nothing wrong by driving off because he was being aggressive and we already had each others details. The police also didnt want anything to do with it.
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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why did i write hello, i meant hell
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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Dunno but it made me lol
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CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
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what actually happened in the accident, where was your area of damage, where was his ect.
might help a bit more
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CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
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p.s direct line are bellends, some good handlers but most of them are shit, what you gotta think mate is this guy has probably not gone to his insurance company he will of likely gone to a credit hire company who will of dealt with hire and repairs for him, your insurers direct line especialy will see there being charged a excessive amount per day for him having a hire vehicle.
They send your insurers a bill 30 days later add 7.5% to the total of that bill 60 days later 15% 90 days later well then it jumps into commercial rates and thats basicly just a made up number verging on the obscene.
Your insurers look at it as they accept liability and pay his claim then they keep costs low.
What you need to do, first call your insurers and tell them you will not accept liability for the accident, tell them to send you out a accident report form, also state if they have admitted liability ensure they must of done it on a without prejudice basis.
When you get the accident report form, just put as much detail in as possible so if you was parked attended with left indicator on and car turned off put that, take pictures of where your car was ect and send them in with it, always best to take pictures when accident happens, make sure the diagram you draw matches them pictures.
claim PI, never too late claim pi 
and if you want pm me the details of the accident well your description of it and il let you know if its good = )
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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in my experience direct lines handlers are very good with liability disputes. where do you work CorsaSi?
back to the point, he must have provided some kind of evidence to hold you fully at fault, if it was one word against the other directline would definitely offer a 50/50 first. so id aske for this evidence he must have
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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counter claim with a massive injury, say your willy fell off, must get massive money for that imo
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CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
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quote:
Originally posted by LeeM
in my experience direct lines handlers are very good with liability disputes. where do you work CorsaSi?
back to the point, he must have provided some kind of evidence to hold you fully at fault, if it was one word against the other directline would definitely offer a 50/50 first. so id aske for this evidence he must have
tbh mate dont wanna say name of company just due to fact i aint being very professional in things im saying on forum, but i speak to direct line loads and for credit hire/repair companies there one of easiest to get to fold on liability.
want a insurance company that will never pay anything go for acromas they never answer there phones, or any insurer thats non abi affiliated better chance of them just waiting till u issue against them before they pay : )
and ye as steve said, you can request a copy of the third parties accident report form from your insurance company..
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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I filled out the accident report form, with a drawing of the incident and stated I was stationary with my indicator clearly on at the time. I can only assume he has stronger evidence, they had friends in the car behind them at the time and I'm guessing they have asked them to provide evidence.I don't know how I could prove they know the people though.
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CorsaSi
Member
Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
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if he had friends in a car behind they cant be witnesses to the accident as there not independent we have had it alot in the past where people get there mates to play witness, can often be resolved by finding them on facebook and searching there friends list : ) .. what actually happened in the accident, what were the area's of damage.. and have your insurers told you his circs?
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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Si is soooo on my CS buddies list now
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