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Jpitshanger
Newbie


Joined: 20 Aug 2016
Posts: 36



PostPosted: Fri May 18, 2018 9:41 am    Post subject: Reply with quote

I had something similar happen to my Alpina but fortunately had an independent witness. My insurer was happy to go go 50/50 but I wasn't - Im a lawyer and there was no way I was going to accept liability. It required signed witness statements and I had to threaten court a few times to get the right outcome. It took me about six months to sort out if I remember correctly.

If in doubt, consult a solicitor and potentially a crash specialist as the pictures may say more than you think.

I don't think the passenger in the car will generally be regarded as a reliable witness. I hope you wrote everything down as quickly as you could as you will need to refer back to it often and the story needs to remain straight.

Good luck!
 
  
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Gazc2
Albert Park


Joined: 08 Nov 2003
Posts: 1680
Location: Scotland


PostPosted: Fri May 18, 2018 9:46 am    Post subject: Reply with quote

Dont see how they can go 50/50 blame if you were stationary Surprised
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alex yates
Brands Hatch
Brands Hatch


Joined: 06 Mar 2014
Posts: 13820
Location: The Ribble Valley, Lancashire

2000 Porsche 996 Carrera 4

PostPosted: Fri May 18, 2018 10:15 am    Post subject: Reply with quote

Prove he was stationary. One story vs. another.
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FZP
Indianapolis


Joined: 18 Jan 2015
Posts: 2415
Location: Cheshire


PostPosted: Fri May 18, 2018 11:03 am    Post subject: Reply with quote

What c****. I'd send Phil around to "Have a chat" with a couple of spy photos taken from that day. That will soon square them up. Oh and I'd take an "ethnic persuader" along to discuss the intricacies of the Fijian Ceremonial War Axe
Mines back in Aus but may bring it back on my next trip home. Lovely bit of art they are Bandit
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jonttt
Shanghai


Joined: 20 Aug 2012
Posts: 4908
Location: Liverpool


PostPosted: Fri May 18, 2018 11:37 am    Post subject: Reply with quote

50:50 or none fault is only an excess issue ie you get it back if none fault. The problem is no matter what you will go down as "being involved in an accident".

It happened to SWMBO last year, car parked on road outside shops, she comes out to a note apologising for hitting her car, ring x number. she rings to say don't worry not much damage, literally a scratch and we could not be bothered with the hassle, the old guy insisted it go through insurance so we had it "repaired" at the recommended repairer. Refused a hire car 3 times as we did not need one and did not see the need to bump up the cost Rolling Eyes .... thbought nothing more of it ...... until insurance renewal time....... premium went up significantly...... so I phone around, all higher ...... turns out the MID records the claim against SWMBO even though it was none fault at £1,500 claim value (presumably her car, his car and his hire car Rolling Eyes ). I ask how that can be when she was not even in the car "it just the way it is as she was involved in a a claim"...... absolute joke..... it would have cost me £80 for a smart repair and instead has cost her £200 more insurance premium for 5 years that it stays on file !!!!!!!

I feel for the OP but the fact is it will cost him whether its 50:50 or none fault as he has been "involved" in an accident frustrated
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jotaking
Montreal


Joined: 01 Jun 2012
Posts: 613



PostPosted: Fri May 18, 2018 1:45 pm    Post subject: Reply with quote

IMHO the critical evidence for this one is the gouge in the verge.

If this is inline and at the same point as the collision with your car then he could say that he moved over to avoid you and ran out of room.

That said, if the gouge is well before the impact with your car; then I think you have a very good argument to say that the initial collision with the verge was the point at which HE lost control and that caused his vehicle to rebound across the road to hit you. Your incident is secondary to the initial impact.

Also...

An image showing the final positions of both vehicles with your car on the correct side of the road would help.

And

The fact that there are no skid marks from your car?? I assume that he left skids on the road as well as his pants!

That said...

My experience, and as others have said. Most insurers just roll over on a 50:50.

Hope it works out for you!
 
  
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911munKy
Nürburgring


Joined: 26 Nov 2014
Posts: 451



PostPosted: Fri May 18, 2018 2:06 pm    Post subject: Reply with quote

Going off on a bit of a tangent...

I know your car is an insurance right off but it may be worth buying it back on the cheap and repairing it yourself. Parts from breakers yards and eBay and it could be back on the road for much less money than official repairs.

It may be Cat C/D but just enjoy thrashing it around and don’t worry about the odd scrape. Good excuse to give it a wild wrap as the resale value has dropped but so has its cost to you.
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cheshire911
Estoril


Joined: 10 Jun 2012
Posts: 3738



PostPosted: Fri May 18, 2018 3:12 pm    Post subject: Reply with quote

911munKy wrote:
Going off on a bit of a tangent...

I know your car is an insurance right off but it may be worth buying it back on the cheap and repairing it yourself. Parts from breakers yards and eBay and it could be back on the road for much less money than official repairs.

It may be Cat C/D but just enjoy thrashing it around and don’t worry about the odd scrape. Good excuse to give it a wild wrap as the resale value has dropped but so has its cost to you.


Not sure how that works. Once a high street/comparison site insurance firm pays out settlement in a total loss, the scrap car becomes theirs to dispose off as they see fit - usually to bodyshops who bid for the carcass. Specialist insurers on the other hand such as Locktons allow you to keep the carcass with a deduction from the total loss settlement. If the OP is with such a firm, then this is a possibility. Not sure how it works with other insurers.
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Captain Lockheed
Nürburgring


Joined: 19 Dec 2014
Posts: 424
Location: Bristol


PostPosted: Fri May 18, 2018 3:58 pm    Post subject: Reply with quote

If Golf boy is 18, chances are be will have one of those monitor/tracker things.
Get your insurance to request the log for the time of the collision from his insurance.
If they refuse, instruct solicitor.
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alex yates
Brands Hatch
Brands Hatch


Joined: 06 Mar 2014
Posts: 13820
Location: The Ribble Valley, Lancashire

2000 Porsche 996 Carrera 4

PostPosted: Fri May 18, 2018 3:59 pm    Post subject: Reply with quote

I thought ALL insurance companies gave you the buy back option if it's written off Dont know
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Eey_ore_9
Monza


Joined: 14 Jan 2014
Posts: 169


2002 Porsche 996 Turbo

PostPosted: Fri May 18, 2018 4:33 pm    Post subject: best advice Reply with quote

Some of this advice might be a bit late but here goes my opinion.
whenever you have an accident take pictures of all angles, take video of conversation with other parties and most of call the police...they will ask you if anyone is injured just say yes! even if you have to make out you have hurt your neck or something say yes as they will not attend if no one is injured.
if you do all these promptly you will have all the evidence you need to win or defend your case!

if you have legal protection on your policy get in touch with them immediately
 
  
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cheshire911
Estoril


Joined: 10 Jun 2012
Posts: 3738



PostPosted: Fri May 18, 2018 5:21 pm    Post subject: Reply with quote

alex yates wrote:
I thought ALL insurance companies gave you the buy back option if it's written off Dont know


They can - but at quite a cost - as high as 30% of the market value meaning the policyholder will only realise 70% of market value. In practice few will offer the opportunity to retain the carcass and persuading them that you want it might meet with resistance.

This link explains it all:
https://www.motorclaimguru.co.uk/advice-on-retention-of-salvage.html

The message is clear - there seems little point in retaining the carcass.

Locktons has a much lower % retention if the policyholder want to retain the carcass - but many of their policyholders are on agreed valuation - whole different ball game.
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Andrew173
Newbie


Joined: 05 Jul 2014
Posts: 48



PostPosted: Fri May 18, 2018 5:39 pm    Post subject: Reply with quote

Adding to what captain Lockheed said. The golf will also have recorded the crash data in the srs module. I’m not sure how you could go about requesting this info... but it will all be there.
 
  
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chicb
Trainee


Joined: 01 Jun 2017
Posts: 57



PostPosted: Fri May 18, 2018 6:02 pm    Post subject: Reply with quote

Tell him you have dashcam footage, this may change his mind if you mention taking legal action
 
  
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asterix_the_gaul
Suzuka


Joined: 20 Dec 2008
Posts: 1049
Location: Cheshire

1999 Porsche 996 Carrera 2

PostPosted: Fri May 18, 2018 6:17 pm    Post subject: Reply with quote

Thanks for everyone posting, yes the full pictures show me straight pulled in, him diagonally across the road. The problem is the outsourced claim handlers, plus not had a full picture from the other insurer, I half expect he has blamed it on the van but the other insurers sound like complete drongos so they may have heard not my fault from the kid and replied therefore your fault.
Submitted all pics and a description and diagram today, will chase on Monday and see where it leads, the underwriter would not want to pay out if obviously not at fault so might drop them a call, do you think a claims management company would help in this case or that adding a layer of complexity, how would a solicitor help?
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asterix_the_gaul
Suzuka


Joined: 20 Dec 2008
Posts: 1049
Location: Cheshire

1999 Porsche 996 Carrera 2

PostPosted: Fri May 18, 2018 6:39 pm    Post subject: Re: best advice Reply with quote

Eey_ore_9 wrote:
Some of this advice might be a bit late but here goes my opinion.
whenever you have an accident take pictures of all angles, take video of conversation with other parties and most of call the police...they will ask you if anyone is injured just say yes! even if you have to make out you have hurt your neck or something say yes as they will not attend if no one is injured.
if you do all these promptly you will have all the evidence you need to win or defend your case!


Couldn't agree more: These are all things I thought Of The day after yes, also a dash Cam would have saved me!
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1995 993 C2 Cabriolet, Midnight Blue/Marble grey -gone!
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2002 E46 M3 Cabriolet, Laguna seca blue/LSB
 
  
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Dammit
Albert Park


Joined: 23 Sep 2016
Posts: 1724



PostPosted: Fri May 18, 2018 7:29 pm    Post subject: Reply with quote

Sorry to read about this, it's deeply rubbish.

I'm so far beyond the event horizon of what's reasonable to have spent on my 996 that I'm debating a Locktons agreed value policy when my renewal comes up in August, and as part of that a dash-cam might make sense.

Oddly I don't really like the idea, although I sometimes run a camera on the bike - it's more likely to be used as a final witness in the event of my death rather than as evidence in an insurance claim though.

Can a dashcam be run off the voltage that is supplied to the sun-visors?
 
  
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asterix_the_gaul
Suzuka


Joined: 20 Dec 2008
Posts: 1049
Location: Cheshire

1999 Porsche 996 Carrera 2

PostPosted: Fri May 18, 2018 7:41 pm    Post subject: Reply with quote

Ha Ha, yes I can imagine! Yes it's 12v off the sunvisor so if you had a hardwire kit to take it to usb voltage that would probably be a neat solution. It's the current that might be the issue, a dashcam without a screen draws next to no current so that would definitely work plus be small, you can get ones to fit with 3m sticky pads around the rear view mirror mount. Looking at lots of Dashcams tonight...
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1995 993 C2 Cabriolet, Midnight Blue/Marble grey -gone!
1999 996 C2 Coupe, Ocean Blue/Graphite grey
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Dammit
Albert Park


Joined: 23 Sep 2016
Posts: 1724



PostPosted: Fri May 18, 2018 7:52 pm    Post subject: Reply with quote

In an ideal world it'd be practically invisible, turn on with the ignition and loop a recording onto one card, so you always have the previous (say) 8 hours of driving, and never have to change the card/turn it on/mess around with it.

I'll take a look now, and shall post if I find anything.

Do you think you'll get the car repaired?
 
  
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alex yates
Brands Hatch
Brands Hatch


Joined: 06 Mar 2014
Posts: 13820
Location: The Ribble Valley, Lancashire

2000 Porsche 996 Carrera 4

PostPosted: Fri May 18, 2018 8:03 pm    Post subject: Reply with quote

Personally, if it were me, and this isn't advice, I'd be receiving a call this weekend from a guy walking along the hillside who saw exactly what happened and recognised my car, thus calling me to see if I was OK after the accident. I'd then explain to him the issue I'd had and ask if he would be a witness for insurance purposes. Once he'd then accepted to be a witness I'd forward his details on to my insurance company and let them sort the rest out.

Either that or the c**t you're dealing with would be getting takeaways delivered every night of the week at 3am for 6 months and his f**king house windows tanned with a ball bearing gun fortnightly!!!! Evil or Very Mad

See how he likes been on the receiving end of a shitstick!!!!!!
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