Just Had My First Accident

Stu · November 21, 2004

Thanks for all your mesasges of support guys, really appreciated!

Will post up any more news as and when i get it!

Stu

Lexus Jim · November 22, 2004

Just to echo every one else's thoughts, sounds like it was her fault as you have right of way turning left and as she hit you in the rear door you must of been in the road before she was. Hope you get it sorted.

I'm still sorting my accident out that I'm paying for myself to keep my NCB, but I recon you'll be OK as you should be able to claim everything through her insurers and keep your NCB

Stu · November 22, 2004

With any luck i will be able to claim on hers!!!

Just had the inspection done by an 'approved' centre, but also had a mate of mine thats a sprayer and body work expert look at it, the 'approved' centre want to put a new door on, and fill the damage to the arch, my mate wants to panel beat the door and fill where necessary, and beat the arch back into shape as best as he can, re-weld it, and then fill to put back into shape. The time comparisons are:

The 'approved' centre: 5 days minimum

My mate: 3 days maximum.

The 'approved' centre are saying they will have trouble finding someone that can repair the scratches to the alloy wheel, and are pretty sure that they will not be able to get a single alloy from Lexus, which i know will not be the case, because i have already spoken to them!!!

Also the 'approved' centre wouldn't give me an estimate for repairs, so i could let my mate know so he can undercut them, and the bonus bit on that is, he is gonna sort out all the blemishes on the rest of the car at the same time if he does it!

Makes you laugh don't it.

Stu

TonyGoose · November 22, 2004

You don't have to use the 'approved' repairer.

Insurers can try and persuade you with 'free' courtesy car etc

But it's your choice where your car is repaired....

I think i'd want any panel that's damaged to be replaced rather than filled..

Who's the 'approved' repairer out of interest mate ?

Stu · November 22, 2004

I've PM'd you their name bud, i'm not gonna post it up here!

Basically, my mate has said that there is no need whatsoever to replace the door, it just needs some panel beating to pop the dents out, and then minor filler to ensure it's invisible, thats all!

If it was necessary, he would tell me it needed a new door, but he has catagorically stated that it does not need a new door, just some TLC!!!

Incidently, he will be having the car, not this 'approved' centre 'cowboy' type firm!!!

Stu

javadude · November 22, 2004

Why not get lexus do it? They did a good job on mine.

Stu · November 22, 2004

I asked Lexus Norwich if they did it, and they don't, but they have abody shop that they use, and in that scenario, i'll just take it to my mate Dom for the work.

When i got in tonight i had two letters about the accident, both from the other persons end, one telling me in so many words that i have to provide my details to them, and that it appears it was my fault (it did however have -without prejudice- at the top of the letter), and the otehr from their hire car firm, telling me i must give them my details, and also said in the details of the hire, i quote: 'alleged negligence: TP pulled out from left'

i have no idea how they have the authority to put that on a letter, alleging negligence on my part, and also, how the hell did they get that i pulled out from the left??????????

I can't work all this out, and it's really starting to P**S me off!!!!!

Stu

Bison · November 22, 2004

I also work in Motor Insurance. And thought you might like to know....

but only because i thought it was my fault, purely because i have only got 3yrs NCB, and couldn't afford to keep the car if i didn't have those years

If the accident turns out to be a "fault" accident or 50/50 (which would be classed as non fault but still dissallowed) you would still have 1 yrs NCB. If you make a claim on your own insurance you get stepped back 2yrs. The industry max is 4yrs, so even if you were claim free for 20 yrs and had a fault accident you would still step back to 2yrs, (unless of course you had no claims bonus protection)

Regards Bison :zee:

Stu · November 22, 2004

Handy to know, even still, the premium is gonna sting me something chronic if i lose any of the NCB!!

We'll see anyhows!

Thanks for that man!

Stu

Bison · November 22, 2004

hmmm

When i got in tonight i had two letters about the accident, both from the other persons end, one telling me in so many words that i have to provide my details to them, and that it appears it was my fault (it did however have -without prejudice- at the top of the letter), and the otehr from their hire car firm, telling me i must give them my details, and also said in the details of the hire, i quote: 'alleged negligence: TP pulled out from left'
i have no idea how they have the authority to put that on a letter, alleging negligence on my part, and also, how the hell did they get that i pulled out from the left??????????

I would also stress that you should NOT reply to correspondance sent by the third party or the car hire car company. You should forward all correspondance directly to your insurer and let them deal with it. You should also express the severe distress that these letters have caused you.

Bison :zee:

Stu · November 22, 2004

I went absolutley ballistic when i read them!!!!!!

I phoned them both up, told them the information they wanted (my policy number and insurance company), and then instructed them that ALL correspondance must be directed to my insurance company, and ANY correspondance sent directly to me will be returned to them, and i will be contacting my insurance company to inform them.

But yeah, i won't be responding to any further contact from the third party or their representitives.

Stu

(still drives me nuts tho!!!)

Stu · November 22, 2004

By the way, does anyone know how to put photo's up on here now? I can't seem to figure it out! (committee member help please! i want to put some piccies of what that poxy little Rover did to my pride and joy!!!!!)

Stu

Stu · November 23, 2004

Right, i got my first repair estimate this morning from my mate, and he reckons that with everything in, it will be around about £350.

I thought that was quite good really, exactly half my excess!!!!

Where do i stand on that out of interest, if the repair costs less than my excess, do i still have to pay the full excess, or just the cost of the repair?

Stu

shotwood · November 23, 2004

Where do i stand on that out of interest, if the repair costs less than my excess, do i still have to pay the full excess, or just the cost of the repair?

The excess is how much of the expense of the repair you have to meet before your insurance will contribute. So, your excess is say £700, then that is how much you will pay towards the cost of any repairs.

In this instance you would have to pay the full £350, but that is all.

Look on the bright side Stu. You're £350 in pocket

Monster-Mat · November 23, 2004

your Mate may be cheap, but , being a body repairer aswell, arch work needs doing properly......NOT FILLED, as this is a natural water trap on any car.

as for your door...........to be honest, id get it repaired correctly....modern cars strenth is dependent on correct repairs, this also applies to the structures bolted to it....including the doors

Stu · November 23, 2004

the damage to the door is 99% cosmetic, and he'll sort that properly, as for the arch, he's gonna straighten out the damage, then re-weld it back into place, and use a light skim of pudding to tidy it up.

I trust this guy, and know he wouldn't stitch me up with a dodgy repair job, which is more than i can say for the so called 'approved' bunch!

Stu

Bison · November 23, 2004

Where do i stand on that out of interest, if the repair costs less than my excess, do i still have to pay the full excess, or just the cost of the repair?

If your excess is more than the repair itself. The best thing you can do is not claim on you insurance and pay for the damage yourself. This would leave you £350 down but would save you losing 2 yrs NCB and having the a claim on your record for 5yrs. Also making a claim will increase your premium for next year.

Of course if it turns out that it's not your fault any excess you pay will be claimed back from the 3rd party.

Regards Andrew

Stu · November 24, 2004

The insurance company have said that all i need to pay initially is the cost of the repairs to my car, which is recoverable in the event of the third party being deemed liable.

Is that what you meant?

Stu

Bison · November 24, 2004

Is that what you meant?

Pretty much yeah,

Stu · November 24, 2004

Nice one, cheers fella!

Stu

KELLTINA · November 24, 2004

Hi stu,ive been a driving instructor for 9 years and my bet is it will end up 50/50.you were both at a give way,that means you must be aware of each other and no one has priority.I see what you mean about she is turning right and your turning left,but it still stands.......we in this country tend to have a gentlemans agreement where whoever is moving first<creeping>gets the priority,but thats not law.In her defence she had to travel further than you and inorder for her to hit you at that point ,it seems that she might of moved first inorder for her to reach and hit you.Just my oppinion stu,im teaching every day and have to make my pupils aware of this fact.I do know how insurance litigation works and things can go in different ways.Good luck KELL

Stu · November 24, 2004

Just to clarify, at a cross roads when two cars are turning in the same direction onto a main carriageway from opposing sides of the main carriageway, the person that does NOT have to cross a carriageway (i.e. turning left) has right of way. This is according to the Highway Code, as i was informed by the insurance company.

I hear your point, but this is what i have been told so far, and my insurance company have sent a letter to their company, requesting that they accept liability, as they have the greater duty of care in this scenario, according to the law.

Stu

peter026 · November 24, 2004

Just to clarify, at a cross roads when two cars are turning in the same direction onto a main carriageway from opposing sides of the main carriageway, the person that does NOT have to cross a carriageway (i.e. turning left) has right of way. This is according to the Highway Code, as i was informed by the insurance company.
I hear your point, but this is what i have been told so far, and my insurance company have sent a letter to their company, requesting that they accept liability, as they have the greater duty of care in this scenario, according to the law.

Stu

←

Which is what I said earlier

This was explained to me by an advanced driving instructor

who teaches driving instructors for a living

KELLTINA · November 24, 2004

Stu dont get me wrong im on your side,but i must say that there is not one statement in the highway code to suggest any priorities in those situations.That is why i stated that you were both at a giveway so you are both responsible for your own actions.Granted the other driver has more responsibilty when emerging that is because they have to cross the path of one carridgeway first before they get to your side.Check highway code this will back me up.Page 39 section 148.Please check the highway code and try and find your situation,it doesnt have it!thats why i think it will be 50/50.P.S nobody teaches driving instructors,people are taught to become a driving instructor.That is what i am.Cardington Grade 6 teacher trainer.You will be supprised how many drivers i have taught to become a driving instructor think that if you are turning left <minor to major>that they have priority over the car in the opposite junction.It is simply not true and it does not state this in the highway code.I am simply discussing a point of law and not your exact situation as i wasnt there stu,the words <RIGHT OF WAY OR PRIORITIES>has to be used carefully in the highway code,that is why they wont put their head on the block and state this in your situation.If it as you said says THE PERSON THAT DOES NOT HAVE TO CROSS A CARRAGEWAY<i.e TURN LEFT>HAS THE RIGHT OF WAY in the highway code i will give you my biggest apology stu.

Stu · December 2, 2004

Just a bit of an update really, but apparently both of us are disputing liability, and neither of the insurance companies will accept liability either! Could be a long fight!

But to top it all off, they have lost my accident report form that i filled in ages ago now, and are likely to want me to fill in another one.

I pay my insurance because why?! ;)

Stu