Car accident, not my fault but think other party may not admit liability

[finlay666]

technically that's managing or leading dave.

And PR for bringing the good deed to everyone's attention

[Disturbedguy]

I know that I stood and commented on how you seemed to cock your leg up lol

[Fatboy40]

Got a Hyundai Getz whilst the Micra is being repaired, which is sat on the driveway as it's so nasty to drive.

The clutch pedal just travels for miles and miles (makes me think of James Herriot slipping his arm up a cow, at what point do you hit something solid ), and the accelarator pedal is either on or off, horrible horrible car.

[dave87]

technically that's managing or leading dave.

And PR for bringing the good deed to everyone's attention

I'm happy with that

[mycarsavw]

Got a Hyundai Getz whilst the Micra is being repaired, which is sat on the driveway as it's so nasty to drive.

The clutch pedal just travels for miles and miles (makes me think of James Herriot slipping his arm up a cow, at what point do you hit something solid ), and the accelarator pedal is either on or off, horrible horrible car.

<phew>

No real cars were damaged then

[Fatboy40]

<phew>

No real cars were damaged then

I did say it was my wife's car remember (ducks for cover).

Seriously though it's a damned good car, it's the 1.4 SE from 2001 and only has 47k on the clock (bought it from a little old man who could no longer drive).

[McMav]

Got a Hyundai Getz whilst the Micra is being repaired, which is sat on the driveway as it's so nasty to drive.

The clutch pedal just travels for miles and miles (makes me think of James Herriot slipping his arm up a cow, at what point do you hit something solid ), and the accelarator pedal is either on or off, horrible horrible car.

Clearly you got the usual loaner car then rarely serviced or maintained. Wife has a 1.4 Getz and I have to say its a cracking little car for the money. Clutch is fine and accelarator is ok too. Sounds like you got a bummer

[Fatboy40]

My claim is still slowing trundling along, and has reached the point where legal action is now involved.

This is the latest e-mail I have and I was wondering what others think ?...

RE: JUDGMENT IN DEFAULT

I am e-mailing you regarding the progression of your claim.

Unfortunately the third party / their representatives have failed to Acknowledge Service in time and so your dedicated litigator is now applying to enter Judgment In Default with the Court against the third party.

We are to give the third party / their representatives a minimum of 1 month in order for them to contact us regarding the Judgment in Default or raise the money for the claim.

If this Judgment in Default remains uncontested by the third party / their representatives then your dedicated litigator will be able to enforce Judgment, for example, send Bailiffs out in order to recover the losses of the claim.

I will endeavour to contact you once we have further information either from the third party or alternatively once we have decided the appropriate action to proceed.

If you have any further queries please do not hesitate to contact me via my e-mail address below.

... now is the 'failed acknowledgment' just standard behaviour from insurers in regards to this sort of activity.

Am I getting my hopes up in that if this continues as above I'll be found not at fault and things will go back to normal, or will it still just be classed as 50/50 without the other party admitting liability ?.

[oolon]

Its all down to if your insurance company has to pay out, if they don't then your not "at fault" if they do then you are. If they have already paid you the money then you will need to refund them it, if you get it off the other party as you cannot be paid twice for the same accident, that would be fraud.

[Fatboy40]

Its all down to if your insurance company has to pay out, if they don't then your not "at fault" if they do then you are. If they have already paid you the money then you will need to refund them it, if you get it off the other party as you cannot be paid twice for the same accident, that would be fraud.

Well, my insurer has repaired my vehicle with myself paying my excess (£250) so they have paid out I'm afraid

Now if they pursue the court action and recover their money will they also attempt to recover my excess and reimburse me ?. So I'm presuming that if they do successfully recover their money then I will not be at fault in any way and my NCB will be maintained at its current level ?.

Lots of if's, but's and maybe's here

[oolon]

If they recover they money you should not be considered "at fault" and your NCB should be returned to how it was before the problem, not sure if they are able to recover your uninsured losses or if you would have to do that yourself.

[Tumble]

Should have got the Police out straight away tbh - although there's no injuries, as has been pointed out previously, there's more than one car involved & technically she was driving without due care & attention, or else she would have noticed you alongside her. Would have also helped with the insurance gubbins if the Police could say "Yes, she has been charged with due care" etc

[Fatboy40]

Received a nice e-mail today, a cheque has been received from the third party to settle the claim in full, so I'll get my excess back as well, wahay !.

It got to the point where court proceedings were initiated by my insurers, I stated I was more than happy to attend court on this matter.

Court papers were issued and accepted by the third party. However my insurer, and NOT the legal services that they employ who have been very professional, tried to get me to accept a 50/50 stating that they believed this would be the probable outcome in court anyhow. I told them on no uncertain terms that I did not accept this and to pursue the matter as I was not at fault, if I was I'm honest enough to admit to it !.

So after they say take 50/50 I get this e-mail vindicating my position. I'm annoyed that they attempted to get me to take a hit on this when I was not at fault.

Anyhow, job done and hopefully withing a month or two my NCB will be as was and my bank balance will be a little better.

Lessons learnt...

# Take photo's of everything to back up the facts. Being a kind human being I also e-mailed my photo's to the other party later that evening, which I regret as they can do this themselves and at the time they showed no remorse for the accident they caused.

# If you know you are right fight your corner.

[peterb]

Excellent! Glad it was resolved in your favour. I had a similar case a couple of years ago. My insurer was all set to let it go 50/50 (talking to a call centre in somewhere hot and curry flavoured) but once I got through to the insurer's loss adjuster in this country, they agreed that I was not to blame. As you say - photographs are a great help.

[BevaBoott]

Hello. And Bye.

[peterb]

Hello. And Bye.

Bye!