My new toad is trashed! Legally privileged. (1 Viewer)

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
To cut a long story short, a few weeks ago I bought a newish ford ka to use as a toad, the wife was out in it when we had the short bursts of snow a couple of weeks ago and it got heavily damaged due to being shunted from behind.

The third party is now claiming it was my wifes fault, and although its not a straight forward accident i would love to throw her statement to the lions so to speak to see if it will hold water. The following is a true and accurate account, any constructive comments welcome;

I exited the eastbound A13 at the Pitsea/A132 exit. The exit slip road has a blind crest at the beginning of it due to it starting on the incline of a flyover. On this occasion it was dark and snowing heavily so, combining the different signs indicating ‘ice’ and ‘queues likely’, and my responsible driving, my speed was much slower than the permitted limit of 50mph. As soon as I reached the crest I realised that the slip road was much more snow covered than the main road. Also there was stationary traffic in front of me in single file instead of the two lanes that are usually available. On braking, my car became unstable due to ice but I managed to control it, avoiding hitting the queue of cars that were there. When I came to a stop I was still pointing roughly in the right direction, and my position in the road was still in the file of traffic but the road was well covered in snow thus hiding the markings.
I had literally just stopped when the third party’s car, already way out of control, hit the rear of mine very heavily causing him damage to his nearside doors.
I put it to the third party that he was travelling too fast for the conditions and his reply was “yeh but you almost lost it as well” My response was “I know but at least I controlled it and didn’t hit anything”.
In my opinion the third party was travelling way too fast for the adverse weather conditions when he got to the crest, and panicked when he realised the traffic was stopped halfway up the slip road.

What do you guys think? :Sad:
 

DuxDeluxe

LIFE MEMBER
Jul 10, 2008
14,627
72,238
Planet Zog
Funster No
3,243
MH
A woosh bang van
Exp
since 2008
I would ask a solicitor, not a forum......... Sorry, can't comment on it.
 

Wildman

Free Member
May 30, 2008
0
8,470
Ilfracombe, Devon
Funster No
2,913
MH
Amazon Ambassador
Exp
since 1967
you were stopped he rear ended you, he is at fault end of story. The fact that you had problems is irrelevant. no doubt one of the legal eagles will cornfirm its cut and dried.

Subscribers  do not see these advertisements

 

Carol

LIFE MEMBER
Oct 2, 2007
14,044
111,472
North Wales.
Funster No
519
MH
A class
Exp
18 years s Motorhome (33years caravans)
Having read it through it made sense to me and thats all you can do, fortunately we do have solicitors on here and who knows one may be along with some constructive advice.

 
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
I would ask a solicitor, not a forum......... Sorry, can't comment on it.

Sorry should have made myself clearer, I'm not looking for legal advice, just can the average person see any flaws before I submit it. Thanks for the comment anyway :thumb:
 

Snowbird

LIFE MEMBER
Apr 24, 2009
11,818
22,345
Liverpool.
Funster No
6,422
MH
Fifth wheel.
Exp
Since 11-05-2000
Personally I cant pick any holes in that. Rear end, front end, side, matters not if you were stationary at the time. He ran into you.

Subscribers  do not see these advertisements

 
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
Personally I cant pick any holes in that. Rear end, front end, side, matters not if you were stationary at the time. He ran into you.

What this guy is claiming is that my car crossed into the path of his and that he got hit! :Doh:
 

peter marshall

Free Member
Mar 5, 2009
2,466
1,704
Cleveleys,Lancashire
Funster No
5,822
MH
Low Line
Exp
9 Years
From what I can see it nothing to do with your wife nearly coming unstuck on the snow, she was stopped with no damage to the traffic in front the driver who hit her was to blame bad weather or not he was at fault. Pete

Ps
I have been hit twice from behind whilst stationary both claim settled in my favour.
 

Teepee

Free Member
Oct 14, 2012
307
228
Essex
Funster No
23,279
MH
Van conversion
Exp
1 year
Under no circumstances admit to any liability, she was hit from behind while stationary no contest, third party,s fault. A car pulled out in front of a car in front of me I hit the car in front whilst the other bxxxxxd drove off, for insurance purposes it was mt fault. Hope this helps.

Subscribers  do not see these advertisements

 
Aug 27, 2009
19,788
23,032
Hertfordshire
Funster No
8,178
MH
Van Conversion
Exp
40 years
I would say that there are two sides to every story and without having access to both statements as well as any independent witness report, it would be unfair to give an opinion. I can also add that being hit from behind is not always the fault of the third party but good luck anyway.
 
Last edited:
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
Can I also just point out the reason it says legally privileged in the title is nothing sinister, its so that any insurance company cant use my words against me hopefully :thumb:
 

Chris

LIFE MEMBER
May 5, 2010
21,006
274,551
Funster No
11,412
MH
None
Exp
10 years
I think you will be fine. Just pursue it through the insurer.

If it goes wrong - whatever:thumb:

Subscribers  do not see these advertisements

 

bobandjanie

LIFE MEMBER
Apr 28, 2008
8,144
15,700
Javea, Spain
Funster No
2,360
MH
Pilote V600g
Exp
2007
The trouble is many insurance companies settle on a 50/50 basis as it is easier for them. They get the money back via increased premiums and bear in mind they are often claiming against themselves anyway! Jane :Doh:
 
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
no chance you took photos on the scene/?

There are some pics but they only show the position of the cars at rest side by side both in the wrong direction so nothing really useful there. They do however show how much of a crest ther is to the slip road, you would not be aware of traffic beyond until the last minute.

Subscribers  do not see these advertisements

 
Aug 27, 2009
19,788
23,032
Hertfordshire
Funster No
8,178
MH
Van Conversion
Exp
40 years

Attachments

  • images.jpg
    images.jpg
    5.8 KB · Views: 52
Feb 22, 2008
12,258
44,933
Norfolk
Funster No
1,575
MH
Nearly Tugging
Exp
Since 2004
The driver hitting you from behind is in the wrong, your wife had to stop and he should have . The rules of the highway code state , "you should always drive at such a speed that you can stop well within the distance you can see to be clear" , your wife did, he did not. There should be no 50/50 in this , he was wrong.
 

scotjimland

LIFE MEMBER
Jul 25, 2007
2,084
9,014
Suffolk Coastal District, UK
Funster No
15
MH
Timberland
In the event of a car accident, if someone crashes into the back of you it is their fault.

The only one exception is if the car in front deliberately stopped abruptly to cause a crash so they can make a claim .. e.g. whiplash.

According to your statement, your car was stationary .. so it's the others fault.
He was travelling too fast for the road conditions.. Makes no difference what way your car was facing or how it came to be stopped..

The Highway code at paragraph 126 discusses safe stopping distances.
and driving in adverse weather conditions (226 to 237)

Subscribers  do not see these advertisements

 
Aug 27, 2009
19,788
23,032
Hertfordshire
Funster No
8,178
MH
Van Conversion
Exp
40 years
The driver hitting you from behind is in the wrong, your wife had to stop and he should have . The rules of the highway code state , "you should always drive at such a speed that you can stop well within the distance you can see to be clear" , your wife did, he did not. There should be no 50/50 in this , he was wrong.
Sorry Larrynwin, not always so cut and dried. I have said on here before that My daughter hit a stationary car from behind, it took a couple of years but she ended up being paid out in full with zero blame.
 
Last edited:
Aug 27, 2009
19,788
23,032
Hertfordshire
Funster No
8,178
MH
Van Conversion
Exp
40 years
In the event of a car accident, if someone crashes into the back of you it is their fault.

The only one exception is if the car in front deliberately stopped abruptly to cause a crash so they can make a claim .. e.g. whiplash.

According to your statement, your car was stationary .. so it's the others fault.
He was travelling too fast for the road conditions.. Makes no difference what way your car was facing or how it came to be stopped..

The Highway code at paragraph 126 discusses safe stopping distances.
and driving in adverse weather conditions (226 to 237)
Dito Larrynwin reply.
 
Last edited:
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
Sorry Larryman, not always so cut and dried. I have said on here before that My daughter hit a stationary car from behind, it took a couple of years but she ended up being paid out in full with zero blame.

I would have said exceptional circumstances then?

Subscribers  do not see these advertisements

 
2

2657

Deleted User
Your version of events would undoubtedly put the other driver at fault, unfortunately many people are prepared to lie and if the damage sustained can be explained by a different scenario, putting you at fault, they will.Did you get any witness statements, was anybody else in the other car and do you have any proof. Do not be surprised if the other party finds a 'witness'. This has happened to me in the past in a similar scenario and unfortunately the insurance companies are usually unwilling to investigate properly and then settle against your wishes.
Hope you get a better outcome than I did.
 
Last edited by a moderator:

scotjimland

LIFE MEMBER
Jul 25, 2007
2,084
9,014
Suffolk Coastal District, UK
Funster No
15
MH
Timberland
Sorry Larrynwin, not always so cut and dried. I have said on here before that My daughter hit a stationary car from behind, it took a couple of years but she ended up being paid out in full with zero blame.

you/she must have had one hell of a lawyer .. was this in the UK or USA ?

any more info that could explain why ?

Subscribers  do not see these advertisements

 
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
Your version of events would undoubtedly put the other driver at fault, unfortunately many people are prepared to lie and if the damage sustained can be explained by a different scenario, putting you at fault, they will.Did you get any witness statements, was anybody else in the other car and do you have any proof. Do not be surprised if the other party finds a 'witness'. This has happened to me in the past in a similar scenario and unfortunately the insurance companies are usually unwilling to investigate properly and settle against your wishes.
Hope you get a better outcome than I did.

There was a passenger in the other car and no other witnesses. The only other way the damage could be explained is if my wife was reversing up the slip road and into a BMW that happened to be parked across the two lanes, but I do see your point. :thumb:
 

Jaws

LIFE MEMBER
Sep 26, 2008
23,821
71,977
Thetford Norfolk
Funster No
4,189
MH
C class, Chieftain
Exp
since 2006 ( I think ! )
Sooooo,, basically the guy is saying that although your wife was stationary it was her fault ?

All I can say is good luck to him.. He has got to be an Essex lad with a brass neck THAT big !!
 

jhorsf

Free Member
May 15, 2009
9,130
8,045
DERBYSHIRE
Funster No
6,717
MH
ih oregon
Exp
2000
A couple of things to remember
1 your wife is ok
2 you are insured

all the rest is just blame you were hit from behind you hit no one let them sort it out and don't worry

Subscribers  do not see these advertisements

 
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
Sooooo,, basically the guy is saying that although your wife was stationary it was her fault ?

All I can say is good luck to him.. He has got to be an Essex lad with a brass neck THAT big !!

In a nutshell.

Eastender innit bruv in me BMW :thumb:
 
OP
OP
Emmenay

Emmenay

Free Member
Dec 11, 2011
505
481
Funster No
19,163
MH
Swift Kon-tiki 600
Exp
Since 2011
A couple of things to remember
1 your wife is ok
2 you are insured

all the rest is just blame you were hit from behind you hit no one let them sort it out and don't worry

Absolutely couldn't agree more but such is life that I do worry :Eeek:
 

aba

Free Member
Oct 27, 2009
2,775
1,112
yorkshire
Funster No
9,066
MH
coachbuilt
Exp
dec 2009
another reason for fitting those in car cctv units.

Subscribers  do not see these advertisements

 

Join us or log in to post a reply.

To join in you must be a member of MotorhomeFun

Join MotorhomeFun

Join us, it quick and easy!

Log in

Already a member? Log in here.

Latest journal entries

Funsters who are viewing this thread

Back
Top