Excess question |
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Robin814
Really Senior Member I Joined: 15-May-2011 Status: Offline Points: 385 |
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Posted: 17-July-2014 at 18:37 |
Yesterday a silly woman reversed into me at a junction when I was in my classic taxi. She is not admitting it is her fault and was simply trying to do a 3 point turn in the middle of the junction.
She's damaged to bumper cap where a big scrape is in it and forced the bonnet to close properly. Thing is to replace these parts and get then fixed is going to cost less than my £500 excess! So I am going to fork out £500 on something that is less than that. So can anyone give me advice? If I leave this then I am out pocket to get it sorted. When she can freely do what she wants! |
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BillyP
Really Senior Member I Joined: 09-July-2009 Location: Renfrew Scotland Status: Offline Points: 298 |
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Firstly so annoyed for you, you were just telling me about the taxi on sunday as well, anyway without being there and just trying to picture this in my head, is she not at fault even if her excuse is she was doing a 3 point turn, you would be stationary so she still reversed into you, plus was it legal to do the turn at the junction?.
Take it there were no witnesses? annoying as it is insurance might go 50/50 on this if none of the above is admitted, so you might have to bite the bullit mate, hope you get sorted |
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nero
Moderator Group Just call me Tripod Joined: 15-October-2002 Location: Scotland Status: Offline Points: 3131 |
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It's normal not to admit liability and let the insurance companies argue it out
As Billy said - you were stationary and she ran into you? Edited by nero - 17-July-2014 at 19:39 |
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Robin814
Really Senior Member I Joined: 15-May-2011 Status: Offline Points: 385 |
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I was stationary at the time.
She had just done a left turn out the junction when she stopped half way over it. Her car was half over the hatching and the other half on the main road. She then engaged reverse, I beeped the horn loudly and before i knew it she kept going into the front of me. When i got out and asked what was wrong with her, she said that she noticed that the right turn at the end of the road that she had pulled out into was closed and simply tried to do a u turn and reverse. She then said she hit because i was behind her and that i never gave her space to the manoeuvre! You just don't do a 3 point turn in a junction! I exchanged details and took photos and do have a witness of what happened. I am just angry that what she thinks she did was right and that i am out of pocket because the damage is less than the excess! Its been a bad month!
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Robin814
Really Senior Member I Joined: 15-May-2011 Status: Offline Points: 385 |
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She was first at the junction and i was second waiting.
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BillyP
Really Senior Member I Joined: 09-July-2009 Location: Renfrew Scotland Status: Offline Points: 298 |
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Although the call is yours mate i would let the insurance deal with it , if you have a witness plus no way should she reverse anyway you will win that.
You would get your excess back when her mob pay out, you are not meant to reverse there full stop . Best of luck with whatever you decide |
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Robin814
Really Senior Member I Joined: 15-May-2011 Status: Offline Points: 385 |
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Thanks guys.
Just don't want to lose my £500 excess on an £80 fix. But it's her fault and she's leaving me out of pocket. |
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shorty
Really Senior Member II Joined: 13-January-2004 Location: Falkirk, Scotland Status: Offline Points: 1758 |
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Not good news big chap But had something similar in my 325 . A bloke reversed into me no damage to either car & his paint "scuff" on my bumper T-cut out . But I felt something wasn't above board as he was not the owner of the car . To cut a long story short I thought it best to advise my insurance of this "Minor" bump in case it went as far as having insurance Co involvement . Although I & he never made a claim the fact I informed my insurance of the incident my insurance went up (All for the cost of 10 mins of my time & a dot of T-cut) When I asked my insurance why the hike in cost as neither he or I made a claim ......it was the fact I had told them I had been involved that made my cost go up If it was me I would chap the womans door to see if she will cover your £80 ...if not I would bite the bullet & just sort it yourself as better to pay £80 than loose any N.C.D you have
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m3Cecotto
Bavarian-Board Forum Sponsor Joined: 29-September-2003 Location: Scotland Status: Offline Points: 791 |
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Be careful. If you let the insurance sort it out, and they are not successful in persuading her insurers that she was at fault, you may find that your premium rises come renewal time. You may also lose any NCD you have on that policy.
I'd probably not let my insurance deal with it, but make a claim against her personally which she will need to either pay or pass to her insurers. |
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Robin814
Really Senior Member I Joined: 15-May-2011 Status: Offline Points: 385 |
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I actually suggested for her benefit just to give £40 to cover the cost of paint etc but her reply was that I could blackmail into giving me more in the future and that she would rather go through the insurance.
I just feel so annoyed that someone could do this and just walk away. |
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Robin814
Really Senior Member I Joined: 15-May-2011 Status: Offline Points: 385 |
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How do I go about making a claim against her?
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BillyP
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Didn't know it was 80pound repair robin, think you might be better off taking the hit as no claims etc will hit for years.
Could try one last time asking her to pay one more time |
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MAK
Senior Member II Joined: 05-May-2012 Location: Blairgowrie Status: Offline Points: 205 |
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Sorry to read about your hassle Robin. If you even call your insurers then you may be put on file as a higher risk and if you make a claim, even a small claim, then ALL your car policies will increase, not just your classic policy as you will have to disclose the claim ..the woman is being cute and is taking advantage of your good nature it seems.
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My Other Car is a SKODA.. really !
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stevie53
Really Senior Member II Joined: 14-January-2003 Status: Offline Points: 2486 |
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Mate, I'm sorry to say it but you already know yourself this is a take it on the chin and move on.
I have heard of people exacting revenge to the other person's car when in a similar position but then I would never condone or encourage such loutish behaviour |
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Andrew Rolland
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If it were me and was stationary with the handbrake on etc and was hit by a moving vehicle, then the moving vehicle is at fault.
Tell your insurance company that you want to claim, they then contact her insurance company and then they tell their driver that they have been claimed against.
I think...
If its a no fault claim on your side you get your excess back.
You only loose your excess if it is your fault. Sounds like you were not at fault so your excess will be paid back.
Shorty is right to tell them regardles and they my put your premium up, my house insurace did that as I told them I might need to make a claim for storm damage but my local friendly roofer fixed it for a lot less that I thought and I took the hit.
My car claim was a no fault claim so the insurance company paid out less my excess. I then got the excess back from t'other insurance company....but the pay out was a lot more than the excess in my claim though so...not quite sure how that would work in your case.
It's a real bummer and you have my sympathy bud.
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Honeyman328
Senior Member I Joined: 19-April-2010 Location: Glasgow Status: Offline Points: 108 |
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Take it details were exchanged ? I would contact your insurance and put claim in. If she was not compromising at time of crash then doubt her thinking will change.
Insurance companies would use police crash reports however police only attend if damage to others property, ie barrier/street sign, if there is injuries, if roads blocked, a motorist refusing to give details. The first two examples only being reportable !!! I had someone reverse into my 328 sport when I was stationary. The other driver admitted liability at time but when claim went in then other driver stated I hit him. No witnesses and family etc in car don't count along with colleagues (I personally don't have strangers in my car) ?? I was told its a 50:50 claim. Oh no it's not. I pay legal fees with insurance company so instructed them to send letter stating I would see other driver on court. My insurance company stated they would not do this. I said fine, I will recover costs from you !!! I was notified that the case would go to court (good as lots of experience here) and few weeks before case other driver admitted liability !!! This from a driver that got out and apologised to me. Good luck but if me, my insurance would know ASAP. If you have photos tell them. Don't need to produce them straight away ;) Makes a good case for these traffic cameras all the Russians use . |
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Andrew Rolland
Moderator Group Go away rain Joined: 19-August-2004 Location: Scotland Status: Offline Points: 6579 |
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All insurance companies will tell you not to admit liability on the spot even it is your fault.
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Be exclusive and drive a Petrol 5 Series!
Current '13 62 F10 535i MSport Auto Previous '04 04 E60 545i SE Auto '03 53 E60 545i SE Auto (Stolen) '98 S E39 523i SE Auto |
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bluebro
Really Senior Member II Joined: 23-December-2005 Location: Kilwinning Status: Offline Points: 1296 |
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DO NOT CALL YOUR INSURANCE!!!
Call a 3rd party claims outfit like 'Accident Exchange'
They will ask you to explain what happened and if they think you are liable they will tell you to call your insurer. If they think she is liable they will pay up front to have yours fixed, supply you with a courtesy car and pursue her insurer for all costs.
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Pete330
Really Senior Member II Joined: 26-November-2003 Location: Aberdeen Status: Offline Points: 8969 |
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What John Said above
Never ever call your insurance first,as they will shaft you regardless If you did call them and its only a £80 fix regardless who is at fault you will have to declare it to insurance companies for upto 5 years after and it WILL affect premium even if non fault If it were me I wld go get it fixed send her the bill by registered post with an option to pay or you will go thru small claims to resolve it |
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Robin814
Really Senior Member I Joined: 15-May-2011 Status: Offline Points: 385 |
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Had to tell my insurance. She was threatening to go through hers after she said it was my fault.
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