What do i do now?

[Popolou]

Hey guys,

Well i got myself into a rather nasty pickle. For the last couple of weeks I've been chasing up quotes on 7 years NCB and no claims at all. Unfortunately, i have just had a prang yesterday with another car and this is all in jeopardy . Maybe i can get some advice cos i am seriously lost as to what may transpire.

Yesterday on Gloucester Place, West End of London, there was a boy racer in a 3 litre A4 Cab, darting in and out of traffic behind me. When i came to the lights, he made a dash for what little space there was in front of me and managed to squeeze in from the right which caused me to brake hard. I stopped in time (just!) and he looked into his mirror to see me staring and shaking my head in disapproval.

On green, he bombed it and switched to the left (middle) lane. He then realised that the moped in front of him was slowing down due to the zebra crossing and due to his speed he had to brake hard. I was closing the distance between myself and the same crossing in my same lane, when he then instantly moved right and across into my lane out of the blue, no indicating and no mirrors. At this point i slammed on the brakes and swerved left to avoid him, but made contact with my right offside bumper to his nearside rear quarter bumper.

We seem to be with the same insurers, but how on earth are they going to establish liability? I know the law and strictly speaking it wasn't a direct rearward whack, but to the side indicating i tried to get away. No witnesses came forward unfortunately, however i am sure they all couldn't give a t*ss and just drove off nevertheless.

I feel very much gutted as this is clearly going to sting, especially my 7 years NCB which i was saving for the Porsche. Now, what on earth can i do? Has anyone had any similar experiences or insight into the best course of action?

Apologies for the length, but thanks nonetheless.

Regards

Popolou

[munki]

Sounds fairly clear to me. Give the same explanation of events in your claim and let the insurers decide. The cost of repairing your car (and your excess) comes off his insurance, not yours. Therefore, NCB left intact.

[PaulB]

To be honest, I think you're stuffed!

"I was f*cking around/racing with another car and hit him" isn't going to hold up as a defence...

[Popolou]

To be honest, I think you're stuffed!

"I was f*cking around/racing with another car and hit him" isn't going to hold up as a defence...

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That's what i felt they may come back saying. If they were there for the apres ski, with all the f'ing and blinding, they would soon realise he was a genuine tw*t. In between the lights and the knock, you'd see him dancing away in his car with the music up loud. You could almost forsee something was to happen.

What it comes down to is my word against his. TBH, this is where we will soon see if Tesco are of high enough calibre to warrant their somewhat higher premiums.

Regards

Popolou

[sirwolfie]

Is your NCB protected? If so then no hike in premium provided, of course, you have not had any more than 2 prangs in last 5 years!

[ezzie]

Another possibility, if the other chap admits to it being his fault, then as said above no effect on your NCB. Other alternative, if he doesn't admit it, is to agree to each pay your own repairs, (if you're not confident they will believe you). In which case, depending on the cost of repair, you may be better off to pay rather than claim. If all goes well, do take out protected NCB for the porsche when it arrives, to lessen future anxiety. Good luck. e

[Popolou]

Is your NCB protected? If so then no hike in premium provided, of course, you have not had any more than 2 prangs in last 5 years!

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Unfortuantely, not. Its one of those incidents that when you get cover, you avoid all those other services they offer just to hike the premium. In furture, this might be needed i guess.

But, its the one only and i didnt know about that 2 in a 5 year period rule. Thanks, but not too sure if it means my NCB escapes unscathed.

Regards

Popolou

[Popolou]

Another possibility, if the other chap admits to it being his fault, then as said above no effect on your NCB. Other alternative, if he doesn't admit it, is to agree to each pay your own repairs, (if you're not confident they will believe you). In which case, depending on the cost of repair, you may be better off to pay rather than claim. If all goes well, do take out protected NCB for the porsche when it arrives, to lessen future anxiety. Good luck. e

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Well, we got a quote this morning on the repairs from an official BMW dealer and its apparently to cost £2,500. Mind you, they mention new wipers, washer nozzles, other silly items and left wing respray (which was totaly untouched and on the opposite end!). So, i think i know whereabouts what the costs is to be.

Regards

Popolou

Edit - Here's a pic of what £2,500 looks like. I would never have put such a figure from the look of it.

...and what the tw@t got away with.

[Dickiegibbo]

Another possibility, if the other chap admits to it being his fault, then as said above no effect on your NCB. Other alternative, if he doesn't admit it, is to agree to each pay your own repairs, (if you're not confident they will believe you). In which case, depending on the cost of repair, you may be better off to pay rather than claim. If all goes well, do take out protected NCB for the porsche when it arrives, to lessen future anxiety. Good luck. e

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Well, we got a quote this morning on the repairs from an official BMW dealer and its apparently to cost £2,500. Mind you, they mention new wipers, washer nozzles, other silly items and left wing respray (which was totaly untouched and on the opposite end!). So, i think i know whereabouts what the costs is to be.

Regards

Popolou

Edit - Here's a pic of what £2,500 looks like. I would never have put such a figure from the look of it.

...and what the tw@t got away with.

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From the pictures you have posted I am afraid I dont think you personally stand a chance.

You have ran into the rear of his vehicle, and as it stands with all insurance claims, if you ran into the rear of another vehicle it is your fault. Insurers always apply this rule. They think you should have not have been driving too close to the vehicle. You NCD will be stepped back to either 2/3yrs which will result in an approximate 20/25% premium hike.

I have seen this happen time and again by my clients over the past ten years (including myself), and everytime it is settled in the other persons favour.

Sorry

Dickie

[Popolou]

Thanks for the input.

This is my fear exactly. What stinks is the fact that this reckless driving is going to cost me. Clearly i cannot account nor anticipate for when someone darts out of the lane without signalling or checking if the coast is clear, but what i need to do is convince the insurers that there was simply no space available for a safe maneuovre to happen in the first place. He swung into my direction of travel without indication and hence the prang. Hopefuly, how we made contact is the key, but when we began to "chat" he started denying everything.

So, I think i can see which way this may be going.

Regards

Popolou

[munki]

You have ran into the rear of his vehicle, and as it stands with all insurance claims, if you ran into the rear of another vehicle it is your fault. Insurers always apply this rule.

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Sorry, don't agree.

Several years ago, a Mini (Rover, not BMW) pulled out in front of me from a layby. With traffic coming the other way and not enough time to stop, there was nothing for me to do but drive into the right rear corner of her car.

I was driving a Volvo at the time so of course her car was a mess, but I'd lightly scratched my bumper and bust a foglight. There was never any question as to whose fault it was - hers. Result: my car was repaired at her insurers' expensive and my NCB was left untouched.

[ezzie]

I think your case is different on two accounts, namely she pulled on to the road, rather than changed lane and presumably she admitted liability.

[Guest]

[Popolou]

Can't believe they have quoted £2.5k to fix it. There doesn't seem to be that much damage.

Wont be letting the missus get a mini if they cost that much to fix, she's quite good a bumping in to things.

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Tell me about it. I had a good look last night and it seems a support bracket snapped and allowed for the bumper to bend inwards. Bonnet is slightly crushed back, but its all plastic rather than metal that distorted/snapped.

Without any further scrutiny of the other car, he came away with nothing more than a nudge - didn't think these damn Cab's were built like tanks.

Regards

Popolou

[dudeone]

Have to agree, after working for an INS Co they would take that as a rear ender unless you had witnesses

Generally you will loose 2 years depending on your INS Co which will equate to 15% as the scale works like this:

1 st Year 30%

2 nd Year 40%

3 rd Year 50%

4 th Year 60%

5 th Year 65%

[Java John]

Just a thought - might there have been a traffic camera covering that stretch of road? Not sure the public is able to access the video anyway, but it's worth a shot.

You may also find that the other driver has a number of 'incidents' against his name, so the insurers may take that into account when deciding on liability.

[Popolou]

Have to agree, after working for an INS Co they would take that as a rear ender unless you had witnesses

Generally you will loose 2 years depending on your INS Co which will equate to 15% as the scale works like this:

1 st  Year 30%

2 nd Year 40%

3 rd Year 50%

4 th Year 60%

5 th Year 65%

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Right, so i guess i'm off to find a witness then

Thanks & regards

Popolou

[Popolou]

Just a thought - might there have been a traffic camera covering that stretch of road? Not sure the public is able to access the video anyway, but it's worth a shot.

You may also find that the other driver has a number of 'incidents' against his name, so the insurers may take that into account when deciding on liability.

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2 very sharp ideas, thanks. I will get in touch with the council now with regards to any footage available.

Regards

Popolou

[Araf]

One problem is that you're both with the same insurance company.

If the insurance company puts the blame on one of you, then the other keeps their low premiums. If they decide on equal blame, then they can hike both premiums. Am I being cynical?

Final point, what's the cost of the other vehicle's damage? If you're that worried about losing your NCB, is it worth going through the insurance company? Have you tried a quote for yours from another repairer?

[neil.c]

I cannot really agree with this, the damage to the cars is left to right which would support your story of him pulling into the space in front of you so not leaving you enough room to stop. These are the things that the insurance should be looking at. If you leave the correct space between you and the car in front there would be room for another car to slot in, if this car was already braking you would not have much chance of stopping.

[Dickiegibbo]

One problem is that you're both with the same insurance company.

If the insurance company puts the blame on one of you, then the other keeps their low premiums.  If they decide on equal blame, then they can hike both premiums.  Am I being cynical?

Final point, what's the cost of the other vehicle's damage?  If you're that worried about losing your NCB, is it worth going through the insurance company?  Have you tried a quote for yours from another repairer?

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The knock for knock agreement between insurers was stopped years ago, so insurers will definitely put the blame on someone.

Also, personally I would not even think about settling private. You have your repairs, you have his repairs + his hire car when it is in the garage. You may even find he will eventually try a claim for whiplash - BELIEVE ME it is a possibility. This is why insurance costs have risen over the past 10 years to silly levels. All he has to do is visit his GP with neck soreness, GP will write on his notes- Whiplash and the Third Parties legal protection cover will do the rest. The total cost of the claim could be £10k (Average whiplash claim is £5k)

If you really want to consider paying it, I would wait until the claim is sorted, then find out the total cost of what your insurer has paid. if you want to settle the claim, you can always send them a cheque for the claim and they will reinstate your NCD. You can then pass this back to your present insurer who will do a refund on your present years policy.

Personally I think it will be cheaper to lose your bonus.

Hope this makes sense.

Dickie

[ABG]

Well, we got a quote this morning on the repairs from an official BMW dealer and its apparently to cost £2,500. Mind you, they mention new wipers, washer nozzles, other silly items and left wing respray (which was totaly untouched and on the opposite end!). So, i think i know whereabouts what the costs is to be.

Regards

Popolou

Edit - Here's a pic of what £2,500 looks like. I would never have put such a figure from the look of it.

...and what the tw@t got away with.

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