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Posted: Mon Dec 20, 2010 1:54 pm |
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Joined: Sep 23, 2010 Posts: 84
Trade Rating: 0
Location: Paignton Devon
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Did you take any photos with your phone before the vehicles were moved and is there a give way sign on the junction he pulled out from?
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| 206 1.4hdi & 1.8 Astra Elegance | |
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Posted: Mon Dec 20, 2010 2:00 pm |
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Joined: Nov 28, 2010 Posts: 322
Trade Rating: 0
Location: south wales
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continentalgt wrote: |
Did you take any photos with your phone before the vehicles were moved and is there a give way sign on the junction he pulled out from? |
good point
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| Mark
03 206 1.4 hdi 3 door 187k
02 transit 100 280 196k
04 renault Laguna 80k
09 transit 115 300 43k. | |
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Posted: Mon Dec 20, 2010 4:33 pm |
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Joined: Dec 09, 2010 Posts: 104
Trade Rating: 0
Location: West Yorkshire
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Its Dog eat Dog as someone said further up this list. This guy is clearly trying to screw you over by saying its your fault. I would try my dam hardet to win the case and then get a whippy in.
Yes Insurance compaines do make everyone else pay. But thing is, everybody else would do the same to you if they could. And anyway, i only asked if he did have whiplash, how does anyone know if the poor kid has it or not? Simply offering advice to the lad, that is all
This poor lad has now lost his car and could well be tramutised by what has happened. And the ohter party is trying to take advantage of it.
Bo***ks to him, you win that case my man if your certain your in the right !!!
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Last edited by 180tomtom on Mon Dec 20, 2010 4:37 pm; edited 2 times in total
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Posted: Mon Dec 20, 2010 4:34 pm |
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Joined: Mar 29, 2010 Posts: 3977
Trade Rating: +15
Location: Halifax
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Another point that goes for everyone. speed can NEVER be used to dicided fault.
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Posted: Tue Dec 21, 2010 2:10 am |
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Joined: Feb 07, 2010 Posts: 377
Trade Rating: 0
Location: Reading
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.....
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Last edited by t1mmy on Tue Dec 21, 2010 5:57 am; edited 1 time in total
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Posted: Tue Dec 21, 2010 5:04 am |
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Joined: Nov 28, 2010 Posts: 322
Trade Rating: 0
Location: south wales
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you'll have to wait to see what the other person writes in his accident report form, a lot of people dont know the ins and outs and think they are right and the insurance company's will correct them , lets hope for the best, oh and the speeding bit, speeding can be at fault if you were driving through a speed camera at the time, thats what my insurance company told me before, but whats the chance of that happening isn't it
GOOD LUCK mate.
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| Mark
03 206 1.4 hdi 3 door 187k
02 transit 100 280 196k
04 renault Laguna 80k
09 transit 115 300 43k. | |
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Posted: Tue Dec 21, 2010 5:09 am |
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Joined: Feb 07, 2010 Posts: 2674
Trade Rating: +1
Location: The Mean Streets of Coventry
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Where is all this advice coming from?!
Diagrams, google earth etc etc is futile. There are no witnesses, I could draw a stickman santa and it will be just as useful.
No witnesses = 50/50.
It's a shame as this guy is clearly a complete p***k. But there's nothing to be done
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| Hi Mikey
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Posted: Tue Dec 21, 2010 5:12 am |
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Joined: Feb 21, 2010 Posts: 931
Trade Rating: +9
Location: Brighton
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Well if it does go down 50/50, you have his contact details, sign him up to alot of spam!!
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Posted: Tue Dec 21, 2010 5:37 am |
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Joined: Nov 28, 2010 Posts: 322
Trade Rating: 0
Location: south wales
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sillyhilly wrote: |
Where is all this advice coming from?!
Diagrams, google earth etc etc is futile. There are no witnesses, I could draw a stickman santa and it will be just as useful.
No witnesses = 50/50.
It's a shame as this guy is clearly a complete p***k. But there's nothing to be done |
i had a very simalar case a year or so back and this is what my insurance company told me to do, so i did and a won, they didnt just go 50/50 at all even with out witnesses, they ask the garage for a damage report to show where the cars were hit etc and they couldn't make any kind of decission untill they have all the reports form you and the garage and one of the insurance companys with accept liability if they think they wont win if it goes to court, this is only what my insurance company told me before.
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| Mark
03 206 1.4 hdi 3 door 187k
02 transit 100 280 196k
04 renault Laguna 80k
09 transit 115 300 43k. | |
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Posted: Tue Dec 21, 2010 6:05 am |
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Joined: Feb 08, 2010 Posts: 7045
Trade Rating: +5
Location: In the garage
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Davo86 wrote: |
as it was a sharp bend before the turning i had little time to see and so i breaked harder than i should of resulting my skidding about one-two feet into the other car, |
So you went too fast round the bend and couldn't stop in time. The other car driver couldn't see round the bend to see you coming. What else could he have done other than edge out slowly? He had no way of avoiding what happened.
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| 2001 GTi 138, Bilstein Sprint dampers, H&R springs, 21mm Peugeot Sport torsion bars, 22mm rear ARB, Peugeot Sport Group A wishbones, 283mm discs, Goodridge stainless hoses, Maniflow 304 grade 4-2-1 2.5" manifold and system, 200 cell cat, Richard Longman head, 45mm Jenvey throttle bodies, 9.5mm TB spacers, 90mm air horns, Jenvey throttle linkage, Jenvey fuel rail, Aeromotive and Goodridge fuel fittings and braided hose, ITG sausage filter, Radtec custom radiator, Piper Ultimate Road cams, Piper vernier pulleys, Omex 600 ECU. Saxo electric PAS pump, Vibra Technics engine mounts. Samco coolant hoses, TTV steel flywheel, 4.76 final drive ratio, 307 CC 180 ratios. 2019 BMW 530i. 2017 Mercedes C300 convertible. | |
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Posted: Tue Dec 21, 2010 6:11 am |
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Joined: Nov 28, 2010 Posts: 322
Trade Rating: 0
Location: south wales
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i think am sure that if he pulled out infront of on coming car he is at fault, nothing to say he was driving to fast is there. i'm sure that this is how the insurance company will look at it.
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| Mark
03 206 1.4 hdi 3 door 187k
02 transit 100 280 196k
04 renault Laguna 80k
09 transit 115 300 43k. | |
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Posted: Tue Dec 21, 2010 6:27 am |
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Joined: Feb 08, 2010 Posts: 7045
Trade Rating: +5
Location: In the garage
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But if the other driver couldn't see round the bend then he pulled out when the road was clear. If a car suddenly appears and can't stop in time that driver is travelling at a speed in which his stopping distance is greater than the distance he can see.
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| 2001 GTi 138, Bilstein Sprint dampers, H&R springs, 21mm Peugeot Sport torsion bars, 22mm rear ARB, Peugeot Sport Group A wishbones, 283mm discs, Goodridge stainless hoses, Maniflow 304 grade 4-2-1 2.5" manifold and system, 200 cell cat, Richard Longman head, 45mm Jenvey throttle bodies, 9.5mm TB spacers, 90mm air horns, Jenvey throttle linkage, Jenvey fuel rail, Aeromotive and Goodridge fuel fittings and braided hose, ITG sausage filter, Radtec custom radiator, Piper Ultimate Road cams, Piper vernier pulleys, Omex 600 ECU. Saxo electric PAS pump, Vibra Technics engine mounts. Samco coolant hoses, TTV steel flywheel, 4.76 final drive ratio, 307 CC 180 ratios. 2019 BMW 530i. 2017 Mercedes C300 convertible. | |
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Posted: Tue Dec 21, 2010 6:36 am |
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Joined: Nov 28, 2010 Posts: 322
Trade Rating: 0
Location: south wales
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but they cant prove that either car was driving at speed, this is one thing that some times is unfair to people when a car is speeding, the insurance wont take it into account unless it was caught on camera. they cant even prove that the car skidded unless they took pics. so all they have is that one car pulled out of junction infront of another,
my friends mother done it before she pulled out a little bit at a junction becuase she couldn't see and a car came speeding around teh corner missed her but hit another car trying to avoid her and she had all the fault.. and he was speeding i was in the car with her, i couldn't believe it but there you go.
mad how it works isn't it.
i'd like to find out how this one comes off.
as far as i know though its rare that they use 50/50
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| Mark
03 206 1.4 hdi 3 door 187k
02 transit 100 280 196k
04 renault Laguna 80k
09 transit 115 300 43k. | |
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Posted: Tue Dec 21, 2010 7:06 am |
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Joined: Feb 07, 2010 Posts: 2674
Trade Rating: +1
Location: The Mean Streets of Coventry
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mjsroofing wrote: |
but they cant prove that either car was driving at speed, this is one thing that some times is unfair to people when a car is speeding, the insurance wont take it into account unless it was caught on camera. they cant even prove that the car skidded unless they took pics. so all they have is that one car pulled out of junction infront of another,
my friends mother done it before she pulled out a little bit at a junction becuase she couldn't see and a car came speeding around teh corner missed her but hit another car trying to avoid her and she had all the fault.. and he was speeding i was in the car with her, i couldn't believe it but there you go.
mad how it works isn't it.
i'd like to find out how this one comes off.
as far as i know though its rare that they use 50/50 |
It's not rare at all. I'd go so far as to bet my left testicle on this going 50/50!
Edward has just got it bang on. That's the way this guys insurance company is going to argue it. They never pay out if they can help it. Davo's insurance company will obviously go against it. No winner, so the companies agree to go 50/50 to save money, time and effort. They don't care about clients, they care about productivity.
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| Hi Mikey
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Posted: Tue Dec 21, 2010 10:31 am |
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Joined: Nov 28, 2010 Posts: 322
Trade Rating: 0
Location: south wales
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going around in circles this isn't it, lets wait and see, and wish a fellow member luck with his car is it.
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| Mark
03 206 1.4 hdi 3 door 187k
02 transit 100 280 196k
04 renault Laguna 80k
09 transit 115 300 43k. | |
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