Accident - Desperately Need Advice

Chin-Chops

I am being pursued by the insurance company of a car I collided with last week and would appreciate any advice or to hear of anyone whose been in a similar situation.

I was turning right at a round-a-bout and as I approached my exit lane, a car from my left pulled out without fully giving way (this wasn't the car I collided with). This meant that when I left the round-a-bout I was in the right hand lane of a two lane road and need to be in the left hand lane.

The car that had pulled out at the round-a-bout was half wheeling me which prevented me moving to the left. I looked behind at the driver and gave a hand signal and, to be fair, he slowed to let me in. Unfortunately, when I moved into the left hand lane and looked up, the cars in front had stopped. I slammed my brakes on but collided with the car directly in front of me, hitting my head on the rear window,

The lady driver got out of her car and immediately asked if I was okay. I was probably going about 10-12 mph at the time of the crash, but my head took the full impact so I was feeling a bit dazed. Luckily I was wearing a helmet.

After ensuring I was okay, she checked her car and said that the only damage were two small scratches near the number plate which would come out with T-cut. Being an honest chap, I gave her my name and address and she went on her way. I have told the insurance people this, but they said the car would have been checked out following the accident. I said that there would be no proof that i had caused that damage but was told it didn't matter - they only had to be satisfied that I could have caused the damage.

Anyway, today I received a call from the insurers who aske me all sorts of questions and said they would pursue me personally for the cost of the damage to the car. Strangely, they asked if I had suffered any injuries and when I said I had and as I had a headache and could hardly move my neck when I got home, my wife had driven me to casualty where I was checked out. They asked if I intended to seek damages but I said I would have to take advice on that, though their client had not given me her details following the accident. I get the impression she did not report it to the police either, but then again neither have I.

Sorry this is a bit long winded, but does anyone have thoughts on what is likely to happen. I get the impression that I am going to have the p**s taken out of me here and they will claim for allsorts.

Chin-Chops

I forgot to mention that (stupidly) I am not insured and can't really afford solicitiors.

larfingravy

Was it the insurers or a firm of solicitors who contacted you?
What company are they from and what questions did they ask?

Chin-Chops

Hi larfingravy thanks for the reply.

It was the insurance company that contacted me (Prudential).

They asked (my answers in brackets):
Do I have any insurance cover? (no)
Did I admit liabilty? (no)
Did I suffer any injuries? (yes)
Did I intend to make a claim for these injuries? (no comment)

There was lots of discussion regarding the incident although I refused to discuss it in the end as I felt the woman from the insurance company was trying to put words in my mouth.

I also asked how much the damge to the car was going to cost, but she couldn't tell me which I found strange as surely a claim has been made.

To be fair, the car owner was not at fault but I just don't want them to take the water.

Anonymous

I went in the back of someone who slammed their brakes on right in front of me as I moved out behind them (I was looking over my right shoulder making sure it was safe to do so whilst going under a set of traffic lights under a narrow bridge). Looked back and she had stopped for no reason. (Well, she said she thought I was going to overtake her).

Entirely my fault.

Apart from some circumstances e.g. the person in front is reversing or has just overtaken you then braked hard, then if you go in the back of someone it is your fault...

Chin-Chops

I do accept it was my fault Napoleon, but what I was really asking is whether they are liable to start claiming for allsorts (i.e personal injury etc) or just the minor damage to the car. And if they do try to claim for other things what can I do about it?

The damage to the car was a couple of scapes either side of the number plate where I assume my brake hoods have hit. I reckon a few hundred pounds to put right, which I would be willing to pay. At the end of the day, if someone collided with my car and it was their fault, I would expect them to pay for the damage (or their insurance company). I wouldn't take the p**s though.

What was the outcome of your crash if you don't mind me asking?

Anonymous

Nothing happened with mine, I shouted at the old lady until she cried then smashed her wing mirror before riding off.

Errr, actually there was no damage to her car although I wrecked my front wheel and injured my leg. She gave me a lift home actually, a nice lady who did a silly manouevre but hey, my bad too.

In your case, they can try and claim for anything at all but it has to be proved on the balance of probabilities that it did happen (hence, there should only be a claim for the minor damage.) You shouldn't need a solicitor or anything. Just ensure you dispute any claim that you feel is unjust and take the matter to court. Court is in fact an incredibly undaunting and underwhelming experience!

Keep us updated and further advice can be given. I'd also join the CTC or BC to get insurance, well worth it for the incredibly small expense, just so this situation doesn't arise again.

Alex

Chin-Chops

Believe it or not, I had been looking at silver membership of BC only the week before the accident but decided to hang on and look into it further as I wanted something with accident/theft cover for my new bike (which is now a write off anyway).

Why do you think the insurance company asked if I'd suffered any injuries and if I was going to make a claim? Strange one that.

Anonymous

To prepare them better... Standard question to ask.

Chin-Chops

So when they get round to sending me a bill, will it just be for the damage to the car or will the insurance company load it with "other" expenses incurred by them?

Sorry for all these questions by the way.

Anonymous

They may (should!) just send for the damage, if they load it with other expenses then it is time to dispute it! If this happens then the first thing to do would be to go to your local citizen's advice bureau.

Chin-Chops

Okay, thanks for that. I guess I just have to sit back and wait now then.

Anonymous

Unfortunately so! Just out of interest, did you offer to pay for the damage?

Chin-Chops

To be honest with you, I was talking gibberish immediately afterwards so I might have done, but can't be sure. I do remember offering to give my name and address though (she didn't give me hers mind).

Anonymous

Just wondering if you had and she refused. Doesn't make any difference (Would have been nice if you had and she's accepted though...)

Chin-Chops

Well if I did, she certainly didn't refuse. Infact, regarding the scratches that were caused, she said her husband would be able to get them out with T-cut. She was a very nice woman actually and was really concerned that I was okay, so I presume her husband couldn't get them out with T-cut or has just thought "sod that, he (i.e me) can pay to have it done properly". Either way is fine with me, I just want to be treated fairly in regards to any claim.

Of course I could have just given a false name, but that thought didn't even enter my mind.

Anonymous

Good man.

larfingravy

You seem very genuine in your concerns which is refreshing.

I wouldn't discuss liability any further with the Pru until they've declared what they are holding you liable for.

Chin-Chops

They only mentioned damage to the vehicle when I spoke to them - no mention of anything else so hopefully that's all it will be for.

I don't think there will be any more discussions with the pru either. I think the next time I hear from them will be when they ask for the money.

What I find strange though is that the car owners have gone through their insurance company at all. In their shoes, I would have rang the other party the following day and asked if they were willing to pay. If they were, I'd get a quote and then ask for the money. We are talking minor damage after all. Still, everyone's different I suppose.

Chin-Chops

I've been thinking about this over the weekend and talking it over with friends. Many diifferent views on likely outcomes. Most think a personal injury claim in this case would be laughable, but you just don't know.

However, one of my colleagues has put me on a real downer as he told me a few years back he was rear ended by another car and it just looked like his rear bumper had been unclipped on one side. When he took it in for a quote for repairs he was told any impact involving bumpers and they will be replaced. The repairs to his car cost the other persons insurance company £2600 and that was 7 years ago and for a smaller car than the one I hit.

Surely they wouldn't go to thoses extremes for a low speed collision with a bicycle. I'm worried sick now.

beverick

I assume it was a loss adjuster who contacted you. In which case they'll take into consideration whether they have reasonable chance of getting anything out of you, or if you have any relevant insurance (ie household) that they could 'hedge' their payout against.

I tend to think that you won't hear anything more from them as it'll cost more to persue you than they'll ever recover.

If you do I suggest contacting your local citizen's advice, give the relevant department at the CTC a call or contact a solicitor for a 30 min free advice appointment.

Bob

Chin-Chops

Hi Beverick, thanks for the reply.

I'm not sure if it was a loss adjuster or not, but now you come to mention it I think you're right. The first question I was asked was do I have insurance so it ties in with what you're saying.

Actually, it wasn't the first question. After telling me who they were (i.e the insurance company), they asked me to confirm who I was and that I was involved in the accident. I think they were a bit taken aback when I said I was as they more than likely expected a false name and address.

Can I assume then, that this sort of fishing exercise is a common thing in these type of incidents? They seemed to back off a bit once they knew I'd suffered head and neck injuries. I still think they'll come after me for the money though in the hope I might just pay up.

I know realise more than ever that joining the CTC or BC is a must, but which one is best for me to join? I don't race although I did a few time trails in the past, but I do like sportives. I assume sportives are covered by the CTC or BC insurance?

StevePn

Hi
Have you got house insurance?
If she is claiming injury herself, did she report to the police as it's reportable if someone is injured. Might be worth reporting it yourself as you visited the A&E.
Did she say sorry or anything, if so it might count as admitimg liability.
Otherwise I hate to say, you are most likely at fault.
You could always write to the women and offer to pay,sent recorded delivery via her insurance company.
Steve

mrmcdean

I would say that injury on her part would be rubbish. If thats what they go for I cant imagine them getting away with that. Anyone that says they received an injury sitting in the front of a modern car when a cyclist hit them from behind is taking the michael.

I would say that theres a good chance the reason for the call would be to see if you were going to try to make a claim against her for injuries you recieved.

All the best with it.

Tony1976

In order to make a claim from someone you have to be able to prove someone has been negligent in their actions so i cant see how the lady in the car has been negligent if she was stopped and you hit her in the back so i dont understand why they are asking you if you are going to claim for your injuries.

If she tries to claim for injury i would have thought it would prove very difficult as a bike hitting the back of a car would not, in my opinion, cause enough force to give her whiplash etc so i would have thought she is on a non starter there.

Shame you dont have her details to contact her and offer to pay, would be easiest way to settle.

Chin-Chops

Sorry for thr lack of response so far, but I'm on my jollies just now.

Anyway, I don't know why the insurance folk asked if I was claiming injury, but they did. As far as the car driver is concerned, no she didn't say sorry, but she wouldn't need to as it wasn't her fault.

I'm not trying to evade paying up so to speak, but it was such a trivial incident I don't want to be stiffed by the insurance company. The damage was minimal so if they said it's cost say £200 or whatever to repair I would just pay it. I just don't want to be taken for a mug and end up paying for God knows what and personal injury would just be laughable really.

I want to be fully covered when I get back on the road after my holiday so what is best to join. BC or CTC?

Thanks everyone.

Gringo76

Hi there Chin-Chops

Don't think you have to worry, as someone else pointed out, they ask standard questions

Suspect that the husband asked her to report to insurers, but really as you say, the damages are likely to be less than their motor excess (normally between £100-£250)
There's not a solicitor in the UK who would take her case for injury, but the insurers 'sell' non-fault injury claims to panels of solicitors who can pay upwards of £750 just to handle the claim!! On that basis, you can understand why they are asking the questions, it's just standard procedure/script.

If she had any sense, she would have given you a call to discuss repair!

I have my bikes covered by the household insurance for theft/damage but like you, don't have any public liability cover and have been looking at BC

Keep us posted of any development!!

Chin-Chops

I'm fully expecting a request for payment to be on the doormat when I get home on Wednesday. I still can't understand why they asked if I was claiming personal injury though.

Chin-Chops

Arrived home this morning to find a letter waiting from the drivers insurers.

All it says is that they are holding me at fault and details of their outlays will follow in due course.

The letter was dated 18 days ago, so if it's taking that long to work out their outlays, it's not looking good.

What do I do now?

spen666

Chin-Chops wrote:

Arrived home this morning to find a letter waiting from the drivers insurers.

All it says is that they are holding me at fault and details of their outlays will follow in due course.

The letter was dated 18 days ago, so if it's taking that long to work out their outlays, it's not looking good.

What do I do now?

1. Check to see if you are covered by any insurance policy - eg household policy may cover you for 3rd party liability

2. If you are insured, notify your insurers immediately

3. If not insured, then seek advice from CAB or equivalent

Chin-Chops

spen666 wrote:

Chin-Chops wrote:

Arrived home this morning to find a letter waiting from the drivers insurers.

All it says is that they are holding me at fault and details of their outlays will follow in due course.

The letter was dated 18 days ago, so if it's taking that long to work out their outlays, it's not looking good.

What do I do now?

1. Check to see if you are covered by any insurance policy - eg household policy may cover you for 3rd party liability

2. If you are insured, notify your insurers immediately

3. If not insured, then seek advice from CAB or equivalent

Thanks for the reply spen.

1. I have no insurance apart from the cover BC offer as part of their silver membership, but as this was taken out after the collision, it obviously won't cover me for this.

2. See 1.

3. Been trying to ring the CAB all morning but can't through for love nor money. Will BC offer me advice now that I'm a paid up member?