What a month 2 rear enders in 1 month

[ADY1983]

Hi guys what a month i have had, ok this goes on a bit but bare with me and feel free to correct any spelling....

first off i bought a polo to get me to work and back because the CE was a bit thirsty. And it was doing the job fine until someone drove into the back of me but that was sorted quite quickly with no fuss a cash settlement was made :bannana: .

So i started using the CE again until i got another cheap run about. But then i had to buy something quite quickly because the CE'S head gasket went . So about half hour on ebay and found a mondeo i spent a bit more this time because i didn't know how long the CE would be off the road.

The mondy isn't that bad or should i say wasn't to bad until this morning. I was on my way to work after a couple of days off ill, anyway so i was behind a hyundai coupe, going down a bit of a narrow bumpy road although plenty of room for 2 cars you know the ones. And he started jamming on the brakes i thought whats he playing at, he obviously thought i was to close but i was miles away, or though i did nearly end up in his boot once when he did actually stop it was a bit icy, but i did not hit him. So he carried on after 4 or 5 times him doing this i was getting a bit p*@@*d off .

Then we came to the end of the narrow bumpy icy bit, so i over took him the first chance i got. He was only doing 20-25mph then i had to slow for a lorry i had caught up, quite sharpish and then he drove straight into the back of me. This was about 1/2 mile down the road after i over took.

I guess he didn't like being over taken by a family saloon so he accelerated after me. So i got out we exchanged details after he offered me cash rather than go through the insurance . I just got off the phone to his insurance company an guess what disputing liability , he claims i cut him up reducing his braking distance, his insurers said they will be claiming from me. Have they got a leg to stand on???

Thanks for reading, your thoughts please.

 

[996jimbo]

If I were you I'd take my digital camera and take loads of photos along the bit of road in question and mark where everything happened, and draw a plan and mark that up as well. It's worth putting a bit of effort in to it. Then you can demonstrate clearly how the overtaking manoeuvre was complete way before he drove in to you.

Then I'd also point out that he offered a cash settlement which was clearly (to you) an acceptance of liability.

He and the company are trying it on. Stay rational and show clearly how you are in the right.

 

[frog1520]

Then I'd also point out that he offered a cash settlement which was clearly (to you) an acceptance of liability.

You can say what you like, but if theres no witnesses the insurance company will say its your word against his. From my experience, people often admit liability at the scene in the heat of the moment, then retract it later when the insurance company gets involved. That happened to me when an off duty policeman pulled out in front of me causing a smash a few years ago.

 

[Flash]

At end of the day if anyone "shunts" you from the rear of the car it is still their fault regardless and as Jimbo said the third party Insurers are trying it on.

Stand your ground and do not give in to them or even think about accepting a 50/50 offer.

You have two options:

1). You could be honest and demonstrate how and when you had overtaken the vehilce. BUT I personally would deny overtaking as it will open up a new can of worms and make the third party look more credible and make it look as if you were driving dangerously and were the cause of the accident!!!

2). Deny overtaking the idiot full stop. Its wrong to lie BUT under the circumstances you have to drop down to the level of the scum that do it to get themselves out of trouble and play them at their own game!!!


In my opinion if you were to go for Option 1 then without any witness (s) supporting you then the third party will probably get away with it.

Now, before anyone starts to flame me for my post, taking into consideration the circumstances of this scenario and the sad world/society that we live in we therefore somtimes have to resort to dropping down to the level of the culprits/offenders/criminals in order to beat them at their own game to protect oursleves by giving it back to them good as they give it.

 

[Thmsshaun]

I always thought its pretty clear cut if you go into the back of someone its your fault. End of. Dont think he has a leg to stand on.

 

[ADY1983]

Ok cheers guys, i have already said i over took him, but i will go and take some pics and stuff.
I should be ok because i spoke to my insurance company, they said the cars will be assesed. If it looks like he hit me in the middle then there is no question. And he couldn't of hit me much more in the middle and square. Just glad it wasn't my CE, i would probably be locked up by now .......... not really but i would a bit more
I will keep you posted, thanks again....

 

[frog1520]

Good luck mate let us know how it goes!

 

[miro]

Ok cheers guys, i have already said i over took him, but i will go and take some pics and stuff.
I should be ok because i spoke to my insurance company, they said the cars will be assesed. If it looks like he hit me in the middle then there is no question. And he couldn't of hit me much more in the middle and square. Just glad it wasn't my CE, i would probably be locked up by now .......... not really but i would a bit more
I will keep you posted, thanks again....

My insurance company asks me two questions;

- did the driver say "sorry"
- did they offer cash

Beyond that they dont really care what the other person has to say if I affirm both of those conditions. Never had a problem yet.

Mind you one of those times I made a recording in open view and burned the incident on CD and sent it with my claim. They must have thought it was a prank but I actually own a dictation recorder. That pretty much seals the deal every time.

Im thinking a sony pocket video camera some time soon. Then I will send in DVD's. Seems that some phones are up to it these days too and there is now also a phone number you can phone ($/minute) that will record an incident so long as you have reception. You can then download that recording later at no additional cost.

People as a rule will deny killing someone let alone messing up property. There is no need to trust or assume anything positive about someone stupid enough to lose control of their car on an icy road. In general assume you will be shafted regardless of the polite talk.

So far it has never proven otherwise.

 

[graeme73s]

I'm with Flash on this. I would not admit to overtaking prior to the accident. I know its a lie but he started the whole chain of events that led to the accident.