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Author Anyone ever disputed a claim and actually won?
Jed D
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Registered: 15th Mar 11
Location: Durham
User status: Offline
1st Aug 11 at 10:14   View User's Profile U2U Member Reply With Quote

id send the boys round
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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1st Aug 11 at 10:31   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Butler
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.


need to draw a diagram of how your willy fell off
Butler
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Registered: 2nd Jun 05
Location: London
User status: Offline
1st Aug 11 at 10:41   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by CorsaSi
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?

I was pulling out of a road side parking space into static traffic going in the same direction (it was after a local fireworks display and everything was at gridlock), I put my indicator on and waited. Driver in the que left a sizeable gap and I edged out to see if there was any oncoming traffic and stopped my car. Then looked back and the driver in the que ragged it forward at speed as if to say 'Fuck off are you barging in', there was a parked car on his side of the road and as he passed my car he turned toward me and slowly caught my front bumper on his rear quarter. All the while I was completely static, sitting in my car beeping and shouting 'stop!'. He then got out and started saying i drove into him and his slut wife was saying stuff like, 'Did you even get a license?', 'Did no one teach you how to drive', and 'Fucking prick' etc. My girlfriend got out and took a photo of the car, he took a picture of my car, then I drove off. Got home and called my insurance company, explained what happened and that i was worried he would blame me, I also said I wasnt bothered about claiming though because me car wasnt damaged. His car had a scrape down the side of it, its impossible I could have caused that damage under the circumstances he suggested.
CorsaSi
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Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
1st Aug 11 at 10:58   View User's Profile U2U Member Reply With Quote

in all honesty, unless u can get a witness your fucked mate.

regardless of what you say hes going to say you pulled from a parked position, and if u started ur statement to your insurers with

I was pulling out of a road side parking space into static traffic going in the same direction.. they would of just read it as youve pulled from a parked position.

even though hes hit u he can say uve pulled out into him and thats whats caused the scratch.

being a bit blunt, but if i was his claims handler i would just keep repeating our clients correctly proceeding your insured has pulled from parked position..

sorry mate, if you dont agree though just refuse to accept liability and they may continue to argue it for you and possibly agree split liability, either way without a witness its gonna go against u..



[Edited on 01-08-2011 by CorsaSi]
Butler
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Registered: 2nd Jun 05
Location: London
User status: Offline
1st Aug 11 at 11:12   View User's Profile U2U Member Reply With Quote

I was aiming to pull from the space, not pulling to the traffic at the time. Its the fact I was completely static at the time that gets me. To an extreme, say I was indicating to pull out of the space, hadnt moved at all, then someone passing decided to just ram my car. Would I still be at fault because I was indicating to pull out? Or is it literally just because I edged out first.
Butler
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Registered: 2nd Jun 05
Location: London
User status: Offline
1st Aug 11 at 11:14   View User's Profile U2U Member Reply With Quote

He was moving round a parked car as well, arent you legally supposed to indicate to drive around a parked car. I was indicating, he wasn't.
LeeM
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Registered: 26th Sep 05
Location: Liverpool
User status: Offline
1st Aug 11 at 11:38   View User's Profile U2U Member Reply With Quote

do us a before and after on here http://www.accidentsketch.com/
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
1st Aug 11 at 11:43   View User's Profile U2U Member Reply With Quote

At the risk of sounding like a child, insurance is so unfair


I have 9+years NCB but expensive insurance because some 17year old mong crashed into me when I was stationary in traffic. Ruined my holiday (was supposed to drive my M3 to Cornwall 3days later), was without my car for 3weeks. Now my insurance is always high I lost no NCB as he admitted fault costs recovered by other insurers but it takes the piss. Penalised for being the car behind him in traffic.

Butler
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Registered: 2nd Jun 05
Location: London
User status: Offline
1st Aug 11 at 11:50   View User's Profile U2U Member Reply With Quote

Well thats it Jambo, I wasnt doing anything dangerous or abnormal at the time, I wasnt being impatient or trying to barge my way in or anything, but because the guy was a bellend and wanted to try and prove a point, he made a mistake and hit me. Now im suffering for it.
Jambo
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Registered: 8th Sep 01
Location: Maidenhead, Drives: VXR Arctic
User status: Offline
1st Aug 11 at 11:52   View User's Profile U2U Member Reply With Quote

Yup. It's not fair. If I had the cash I'd sue the little prick.
Butler
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Registered: 2nd Jun 05
Location: London
User status: Offline
1st Aug 11 at 13:02   View User's Profile U2U Member Reply With Quote

Following a phone call with direct line at lunch time, they are sending me a copy of his accident report which I plan to question. They said if we both pursue it it would ultimately be a court matter. I just dont see how I could be deemed entirely liable when there is no evidence for either arguement. Apparently he had no witnesses either.
CorsaSi
Member

Registered: 2nd Aug 05
Location: warri Drives : 300bhp ep82
User status: Offline
1st Aug 11 at 13:12   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Butler
I was aiming to pull from the space, not pulling to the traffic at the time. Its the fact I was completely static at the time that gets me. To an extreme, say I was indicating to pull out of the space, hadnt moved at all, then someone passing decided to just ram my car. Would I still be at fault because I was indicating to pull out? Or is it literally just because I edged out first.


its more the fact u said uve edged out, but the hard thing is proving u was stationary mate, hes obviously going to say u just pulled out and unless u have a witness his area of damage should support his circs, thats if he has damage to the nearside.

still dispute it if you wasnt moving and hes just done a dick move dont let it drop but likely to go in his favor even if it goes into a split your still going to have a claim against your name.


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