12-09-2018, 08:30 AM | #45 | |
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30 minutes later, when he phoned his insurer, his story had changed, and I was now partly at fault. I assumed that sending my recording to my insurer, Aviva, would settle the matter, but they were pretty hopeless. Initially they wouldn't listen to the conversation and told me (wrongly) that this sort of admission could not be used as evidence as it might have been obtained under duress. If they had taken the time to listen to the conversation, they would have heard that it was a perfectly civil and relaxed conversation lasting about 3 minutes. Since Aviva were being unhelpful, I decided to send it to the third party insurer and they listened to it straight away and accepted liability without prejudice. It took them a further 3 months to fully accept liability and pay, but I have no doubt that without the recording, I would have been shafted with a 50/50 settlement. Now I have a dashcam, but will back this up with a recording of any admission. There are lots of lying bastards out there, so you need all of the evidence you can get. |
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12-09-2018, 09:49 AM | #46 |
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The audacity of some people is beyond belief.
How the driver can claim anything other than fault in this incident is outrageous. The ‘it was my fault but I’ll claim it wasn’t my fault anyway’ brigade need a damn good slap. I rolled into the back of someone at the lights recently. No damage whatsoever to either car. Literally came to rest on their rear bumper. Driver didn’t even realise until I (being an honest citizen) gestured and told him so. He got out and had a look, saw there was no damage and said ‘built like tanks these things aren’t they, no damage. No harm done so no worries mate.’ Exchanged details anyway at my request just in case. Wanker went back to his office (company car, care home ferrying patients around) and mentioned it to his boss. Two Weeks later I get a claim for driver and three passengers claiming personal injuries!!!! Despite the fact there was nobody else in the car!!!! |
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12-09-2018, 10:49 AM | #47 | |
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I also hate the "do not accept liability" line from insurers. If I am at fault I will hold my hands up and admit liability. That is precisely why I pay a fortune to my insurers - to recompense third parties if I make an error. (I am not going to accept liability where there is some doubt, contributory factors...) |
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12-09-2018, 11:57 AM | #49 |
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Just wondering if the other party is liable for insurance fraud for placing blame on the other person. Clearly there must be a case to be made where they are clearly lying and you have proof
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12-09-2018, 02:39 PM | #50 | |
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I think people genuinely second guess themselves after the incident too. Thats why for the price of <100 squid you can have a fair amount of peace of mind with a dashcam. And review your own cockups too |
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12-13-2018, 06:19 PM | #52 |
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12-13-2018, 06:46 PM | #53 |
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12-14-2018, 03:32 AM | #54 |
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There's clearly a profitable industry of garages writing off cars then turning them around fully repaired and on sale. I was in my bro-in-law's car when it was hit from behind in an impact no more than 10mph. Badly damaged rear bumper and some rear wing distortion. Garage reported to the insurance company that floor-pan was distorted and beyond economic repair so insurance wrote it off and settled. 6 months later I'm on the road and there is his car looking really quite good and doing 70 on the motorway. Checked the reg on VehicleSmart app and it's MOT'd and fully insured. Many years ago my own car was written off and later I got a call from the new owner who suspected a problem. He was shocked when I told him the story. If the law stated a written-off vehicle had to be crushed there would be a marked reluctance of insurance to write-off. Saving owners lots of cash in buying a new vehicle.
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12-14-2018, 08:34 AM | #56 |
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12-20-2018, 07:58 AM | #58 |
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Well they got the ok to fix my car and upon taking it to bits they have found out there are another 3k of repair costs so now the vehicle is classed as a write off.
So depressed its unreal so now i need to hunt for another 330D Touring... |
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12-20-2018, 08:10 AM | #59 | |
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I hope they sort your value out sensibly and you find what your looking for, its a buyers market at the moment so best of luck. Regards
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335d XD Shadow Edition - Mission intergalactic mileage underway
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12-20-2018, 09:36 AM | #60 |
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still waiting for them to admit liability, the insurance company give them two to three weeks.
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12-20-2018, 09:39 AM | #61 |
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12-20-2018, 09:46 AM | #62 |
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They have quite a good incentive to accept liability rather than delay if you're running round in a decent hire car at their expense. The dashcam footage leaves them no wriggle room in my view. Hope it is sorted out soon.
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12-20-2018, 09:54 AM | #63 |
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What a fooking thunder cunt.
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12-20-2018, 10:55 AM | #65 |
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yeah. what happened to my car is equivalent of being bitch slapped across the face. with repairs higher than 15k and instantly a write off.
nothing out there atm making it hard to look. I have so many accessories for the car I want the same one. x3 is out of question because road tax and mpg. could forget t about the 330d and go for fully loaded x1 but drop a second in speed |
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12-20-2018, 12:37 PM | #66 |
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I wouldn't even sweat about liability, clearly there fault. Regardless of the dash cam footage, they would have a difficult time defending that one, with the dashcam footage it's a slam dunk.
RE replacement car, your going to have to suck up the new tax bracket regardless. I'd rather have the car written off than have that kind of damage repaired tbh. move on and get car shopping, you'll find something you'll love!
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