Hi folks, Well I had my pride and joy smashed by some young lads on Sunday night... I was approacing a steep uphill right hand bend on the Slamannan to Falkirk road (B803 at the Seafield turning just outside Glen Village) and about to start turning into it when a rustbucket Mk3 came around the corner way too fast, over onto our side of the road understeering. I then swerved and by this time the oncoming car started to oversteer. Unfortunately I didn't swerve enough and the offside rear end and boot of the approaching Golf took out my Offside door and rear panel on my 2 door Mk3 16V and they ended up about 15 feet behing us on our side of the road just off the nearside verge & facing in the same direction as us. Thanfully no one was injured in the crash but given I had my GF in the car I phoned the Police who, thankfully, quickly arrived. Given there were lads in the car I didn't jump out and press for liability and me, in my ignorance, thought the police would immediately assing blame and prob charge the idiot for careless or dangerous driving. So imagine my dismay when I find out (after the other car had driven off) that the Police were not interested and I had none of the other drivers details (except the car registration) and no admission of liabilty. I have passed the details of the crash and the police reference number to my insurers but I'm only insured TPF&T and my worry is the other driver will fib thru his back teeth and my inurers know that I didn't get an admission of liability. I need solid advice as I don't want to lose my no claims or have to shell out to fix my car when I was totally minding my own business.
surely the fact that they drove off has got to go in your favour...leaving the scene of the accident!!!
They drove off after the police had taken a statement from them but before I was aware that I needed to get a statement of liability from the other driver as the Police were interviewing me when they drove off. So in short all I had was their registration and no insurance or contact details. Ill post up some pics tomorrow. I'm in the process of costing the repair work (e.g before the assesor comes out to look at it) as I'm, also worried they may try to write it off even though its only needing a new door skin, back panel and inner wheelarch housing. Anyone know what the ratio of write off value is to the total value of a car?
Couple of questions. Did the police issue you or them with HORT1's. Did they breathalise you or the other driver. Are you aware if the police completed a road accident report. Where did you get the ref no and who gave you it. Again the police should be interested, if you feel they have not acted in a professional manner get down to their police station, and asked to speak to their line manager. Too many cops turn up at a road accident, and are to lazy to deal with an accident properly, theres no excuse. Don't under any circumstances get fobbed off, by them saying the have a note of the incident, if the police have been called, they should have completed a road accident report, which you can apply to have copy of. This shows who the police think is at fault.
If you read the small print of your ,or any insurance policy, you will find that the insurers do not want you to ever admit liability at the scene.
Gutted for you mate, to help your case do as Dunter has suggested and also go back to the scene and do your own investigation with a camera and tape measure to show who was where when the impact happened. Good luck.
I think the ratio of value/write off is about 60%. ie, if the repairs are more than 60% of the value of the car, they`ll write it off. Good luck!
Sounds like a potential mess. I'd take up Dunters advice first, find out what info the police have and take it from there. I'd also update your insurance company about every action you are taking, so they have a record themselves. Your ins co can do a search on just the reg number of the other car to get their insurance details. The police statement should confirm the name of the actual driver so you can then press on for liability.
Hi Dunter, I was issued with a Horty but I am unsure if the other driver was. Neither myself or the other driver was breathalised. It was not the Traffics; it was normal Officers. I obtained the RTA number from the police but only after I phoned the station the following day. It was whoever answered the phone that gave me the RTA ref number. To recap: When the police arrived I immediately complained due to the fact that the other driver had come around the corner like Colin MacRae on coke (In crasher mode obviously!) and should be charged for dangerous driving. I was really p*ssed cause if it were not for my quick reactions the other car would have hit us head-on. One Officer interviewed the other driver while the other (a WPC) interviewed my Girlfriend. I was interviewed by the male officer after he had interviewd the other driver. At this point he stated they were not here to assign blame- I thought this was unbelievable given the recklessness of the other driver. Furthermore it was as obvious as h*ll given the resting places of the cars as to what had happened: On stopping my car was not yet in the corner (the corner was still blind) and the other car had completedly exited it - down the hill behind me, facing in the same direction on our side of the road, tight to the verge. The officer stated to me that the other driver could have said that I had cut the corner. What a bl**dy cheek!! In short this is impossible as it is a steep off camber blind right hander - it would be suicide to cut it and I've driven the road many times. Okay questions: What do I need to ask for when I ask for a copy of the RTA report? What leverage do I have against the police given the info above? They say they were not there to assign blame? Given the details above is this reasoable (fact please, no conjecture) or do I have recourse in the form of a complaint or to assist in consolodating my insurance claim? Okay given the description below how do I measure up the scene? If anyone can provide solid advice it would be greatly appreciated. Description of location: The approach to the right hand turning is very steep (approximately 1:3) and as such must be taken slow, wide and late. At the Easterly exit it then levels out somewhat (approximately 1:5) and proceeds in an Easterly direction, uphill, towards Falkirk. There is a small narrow left hand turning (towards Seafield) the approach to which widens on the West side of the road. Description of incident:
Hey Buddy, I work in the motor underwriting department of a rather large insurance company and my girlfriend works for the police. Sounds like the police that attended your accident were c*ck s*ckers unfortunately. You have to get nothing from the other driver at the scene regarding liability. Basically the insurance companies use the police report (which they of course have full access to) when there is any dispute over liability. Which is why you must always call the police to an accident. In this report the police number the cars according to how likely they are to be at fault. For example the car that causes the accident is number 1, the person who they hit is 2, and so on depending on how many vehicles are involved. Well, that's how it works with traffic police anyway. You have been unlucky in that they have done you no help whatsoever. Looking at your picture and in view of the fact that his car ended up on your side of the road I'd say it's all his fault. For what it's worth to you. I could give you loads of advice on what you should have done at the scene but it would all be hindsight and no use to you whatsoever now. What I suggest you do is fight this one to the death. Make sure you put everything in writing to your insurance company. Remember, they have share holders to keep happy and don't want to pay out any more than you do. They're on your side and if they're half decent will back you all the way. And putting it in writing will help them to help you. Also you mention your girlfriend was in the car. Get her to write as well as she is an important witness. Make it perfectly clear you accept no liability whatsoever. I hope this works out for you and doesn't end up going joint liability (basically insurance speak for a cop out) or some crap like that. If you have any questions or need any more help feel welcome to PM me.
Well it would appear that they have issued him with an HORT1, as the have completed a RTA report. Both you and the other driver should have been breathalised, however a lot of normal cops don't carry breath kits, thus they could get out of that arguement, it's just a pity it wasn't Traffic cops that came out. This is c*ap, that's why you call them in the first place, one of the main jobs, is to ascertain blame, that's why the police have road accident investigators etc. Also when I or any other cop complete a RTA report, there is always a vehicle one (car at fault), then vehicle two (car not at fault). Jesus some cops are lazy f*ckers at times, I hate unform carriers. Eh, was he blind, even looking at yur drawing without even reading your description of events a blind man could see that the other vehicle is a fault. I'm sorry but one of things I would be doing would be, that I would be down to the officers station, and ask to speak to their supervisor, and inform him of what had happened, they have acted in an unprofessional manner, I would also be asking why they wouldn't aportion blame on the other driver to you. You can get onto the RTA stats section at your local police headquarters, you have to pay for it, however, get your insurance company to do this, that's what you pay insurance for. A. I would ask why you or the other driver were ot breathalised. B. I would ask why they said they weren't there to aportion blame, when they are. C. I would ask why the officer was clearly unconvinced of the other persons guilt, despite the obvious evidence. D. But I would advice you to find out from their supervisor, who the stated on the RTA form who was to blame. E. If you don't get any satisfactory answers lodge a formal complaint, that the police acted in an unprofessional manner. As I said above they are there as part of the process to assign blame, that's one of the reasons why the complete a RTA report, this forms the basis for any claims the insurance company handles, and again why else does the police have accident investigators. There are various ways to measure a accident scene, most of which require the road to be closed or free from traffic. Probably the easiest way is find a fixed point that will not move, ie telegraph pole, and take measurements from there. Basically to get a measurement, take a measurement along the side of the road, from say the pole, then take another measurement from that point at the side of the road, out onto the road whre the point you required measured is. I'm crap at describing things but it is quite easy. Basically think about taking it as taking a measurement along the horizontal, then take a measurement along the vertical. Take as many photos as you can, including any skid marks left by him, the post accident positions of both vehicles, if you can put your car into the original position all the better. Also take photos of the road lay out in both directions, including all road signage, ie signs, and road markings. As stated fight this to the death, inform your insurance company how this accident happened, just like you have explained it here, I wish some cops could explain how an accident happened like this. Remember at the end of the day, you are not at fault, you pay your insurance, badger them, pester them do what is necessary to get them to fight this for you, do not give up. Also re the police as I have said before do not get fobbed off.
Okay I went and took about 60 pictures and measured it all up. However when I got home I realised that there were wooden telegraph poles and I would have been far better using these as points of reference- Does anyone know what the regulation spacing is for these? Oh... and get this... The same wee eedjit nearly killed someone on the same road last night - apparently he took the 'racing' line around a blind hander (e.g. completely on the wrong side of the road) If he'd been just a second later people would have died...
Report this to the police as well, this little tw*t needs his licence taken off him before he kills somebody.
Its a bad road that, were you coming into Falkirk? Is it the bend after the hill, over the s bend bridge then the right hand bend that takes you past Glen Village upto the roundabout? Surely your insurance company should be doing alot of work for you, have they contacted the other insurer yet? What has been their response? andy
what a messy start to a claim. HORT1 is a 7 day wonder right? is there any chance that the OP would ever be able to find out the insurance details provided so that he could get straight in touch with them? i can imagine the other driver being a total scummer and dragging this one out till it ends up in court in a couple years time
Ok guys and ladies... I went to see the Police and the sergeant (SP?) I spoke to couldn't have been more helpfull - If only all Police were like this. Anyway here's a pic of the damage to my bus: Anyone know if you can buy door skins rather than full doors from VAG or ECP? Part Nos n prices anyone?
