Car crash - Repair question

[chriswood_7]

Out for a round of golf on Friday afternoon after work when just about on the 9th hole I get a hysterical call from my fiancee who unfortunately crashed her car on a busy stretch of the A19. After she calmed down we talked about it, and it seems like the van was speeding, undertook her then slammed on the brakes at the roundabout for the red lights. She misjudged the stopping distance and went straight into the back of him Despite his driving, she has no option but to claim liability as she drove into him.

Anyway, she spoke to the insurance company on Friday evening who has put her into contact with a local Vauxhall repair garage, who have said they are ringing on Monday to sort it out. The car is undriveable as the headlights are smashed, bumper is right up and one of her indicators doesnt work. Airbag didnt deploy luckily, and no sign of fluid leaks so I think its more cosmetic.

She is a supply teacher and to be honest, can ill afford to take the day off to sort it out as she wont get paid for it. So, does this mean they will ring on Monday to organise what time to pick it up same day, or ring up to organise what day? Would it be the same company that will give her a courtesy car? Will they need her to be there for her signature and to go through the damage?

Full of questions I know, but she will take the day off if required Its just she doesnt wanna lose out on a days pay for someone to ring up to say "we will pick it up Thursday". She will have to drive my car until she gets a courtesy car as she has a 55 mile round trip a day, so its the bus for me im afraid

Any help or advice welcome

[Kimo]

I know the general rule of thumb is if you go into the back of someone you didn't leave enough distance to brake safely and therefore are responsible if you rear end someone, but surely that doesn't apply here? How can you leave sufficient room to stop if some nutter has just undercut and pulled in front of you? I assume your fiancee didn't get any witnesses?

Would definitely hold back excepting any liability though, maybe someone more knowledgeable in this area can pitch in.

Hope it all works out

[Dreaming]

Yea as far as I know although there are general rules they're not fixed. The general advice is to never accept liability anyway isn't it..? I've done something similar though and felt it was my fault, pulled up after the roundabout and spoke to the guy and he just said not to worry. Really wouldn't have happened if he didn't slam on his brakes for no reason (obviously extremely timid when pulling out at roundabouts! started going then changed his mind after I'd started moving).

But ask your insurance company maybe, they'll be the experts I guess.

[chriswood_7]

Nope, no witnesses. It happened at rush hour and no one even stopped to ask if they were alright. The guy started claiming he hurt his back even though he flew out of the van to confront her.

The insurance company have said because there were no witnesses, and she cant prove he was driving like an idiot then she has to claim liability, as she drove into him. Its her word against his

Just hope it gets sorted asap!

[Barakka]

On the courtesy car note my thoughts would be that she won't get one from the insurance company as they won't have anyone to claim it back from - even if it ends up going the other way they will probably intially assume fault in the circumstances. Best chance of a courtesy car is if the repair centre has them to give out.

Usually hitting someone from behind indicates fault and is VERY hard to prove otherwise, my mum had someone in front of her at a junction accidentally put the car in reverse and drove back into her, he said she drove into him, no other passengers, no witnesses, insurance ruled to his favour.

[Kimo]

Long shot maybe, but have you been back to the area to see if it's covered by cctv? There are enough cameras these days

Courtesy car I would have thought would come from your insurance company (I assume they have already agreed to supply one?). The usual scenario probably is for the car to be covered by the offending parties insurer, but since your having to claim liability I wouldn't have thought that means your denied a courtesy car (again assuming your insurance company actually offer one at all, I seem to remember last time I renewed on my policy it was not offered on my level of cover).