My new toad is trashed! Legally privileged.

Discussion in 'Motorhome Chat' started by Emmenay, Dec 16, 2012.

  1. Emmenay

    Emmenay Read Only Funster

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    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:
     
  2. DuxDeluxe

    DuxDeluxe Funster Life Member

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    I would ask a solicitor, not a forum......... Sorry, can't comment on it.
     
  3. Wildman

    Wildman Read Only Funster

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    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.
     
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  4. Carol

    Carol Funster Life Member

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    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.

     
  5. Emmenay

    Emmenay Read Only Funster

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    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:
     
  6. Snowbird

    Snowbird Funster Life Member

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    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.
     
  7. Emmenay

    Emmenay Read Only Funster

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

    peter marshall

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    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.
     
  9. Teepee

    Teepee Read Only Funster

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    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.
     
  10. buttons

    buttons Funster

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    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: Dec 16, 2012
  11. Emmenay

    Emmenay Read Only Funster

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    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:
     
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  12. Chris

    Chris Funster Life Member

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    I think you will be fine. Just pursue it through the insurer.

    If it goes wrong - whatever:thumb:
     
  13. bobandjanie

    bobandjanie Funster Life Member

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    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:
     
  14. teddybard

    teddybard Read Only Funster

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    no chance you took photos on the scene/?
     
  15. Emmenay

    Emmenay Read Only Funster

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    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.
     
  16. buttons

    buttons Funster

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  17. Larrynwin

    Larrynwin Funster

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    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.
     
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  18. scotjimland

    scotjimland Funster Life Member

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    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)
     
  19. buttons

    buttons Funster

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    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: Dec 16, 2012
  20. buttons

    buttons Funster

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    Dito Larrynwin reply.
     
    Last edited: Dec 16, 2012
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