Tisaann Posted April 24, 2011 Report Share Posted April 24, 2011 I have just spent £500 getting my cam belt changed and a new battery put in. 2 days after that was done a lorry decided to add 'go faster' stripes down the side of my car. We were both at the lights and when they changed I pulled off first but the next thing that happened was a terrible jogging as my car got pounded by the lorry. It was left hand drive ( i was in the right hand lane) and he obviously hadn't seen me and wandered over into my lane hitting my car causing deep scratches from my rear passenger door down to my bumper. We pulled over and exchanged details, both saying that it was the others fault but both wished the other a better day on parting. I phoned the insurance company who said they would arrange for the repairs to be done but I would have to pay the £200 excess. This I understand I get back but so many people said because there were no witnesses it would more than likely be 50/50. So I don't know what to do. I know it was his fault as I was in front of him but if i can't prove it I don't want to be £200 out of pocket. Tho the damage is not good, it's not life or death that I get it repaired. So any ideas as what to do? Thanks in advance xx Link to comment Share on other sites More sharing options...
safneo Posted April 24, 2011 Report Share Posted April 24, 2011 Were there any witnesses or any traffic cameras near by that may have it recorded? Local fuel garage/supermarket or similar? I think you may be stumped if not. Its your word against his! Link to comment Share on other sites More sharing options...
houndzrus Posted April 25, 2011 Report Share Posted April 25, 2011 Could you ring the insurance people again and ask them? Sorry you've had this happen to you. Link to comment Share on other sites More sharing options...
snow Posted April 25, 2011 Report Share Posted April 25, 2011 Were there any witnesses or any traffic cameras near by that may have it recorded? Local fuel garage/supermarket or similar? I think you may be stumped if not. Its your word against his! When this happened to us we told the insurance company we didnt want to have the repairs done until after fault had been investigated and decided which they agreed, if they had found in our favour we'd have then opted to continue the claim, as it turned out they found in favour of the other driver (much to our annoyance) so we withdrew our claim and paid for the repairs out of our own pocket which were much cheaper than the insurance would have cost and we kept our no claims. Link to comment Share on other sites More sharing options...
Mommy Bear Posted April 25, 2011 Report Share Posted April 25, 2011 As you were in front of him the insurance company should be able to tell this is so from where the damage starts. If it starts half way down the side then you were obviously ahead of him. Send lots of pictures with your claim and a drawing of the junction and your position, Hope you are successful, Link to comment Share on other sites More sharing options...
blackmagic Posted April 25, 2011 Report Share Posted April 25, 2011 Do you have legal protection with your insurance? If so, then a legal firm should be appointed to claim your costs back from the other party. We had a similar bump last year. W e were parked and a lorry overtook us, but cut in too sharp and the rear of the lorry squished our car. Since their was no driver in the car it wasn't our fault. Fortunately, my husband had only just left the car and heard the bump. He carries a small digital camera in his pocket and immediately took a photographs, including the number plate of the lorry. I was insured through AA and always take legal protection. The case was handed over to a company who did all the paperwork, arranging a car hire, repairs etc. They also appointed a legal firm to go to court to claim against the other party- a British firm- as although they supplied their insurance details they did not report the accident to their insurance company. While I had to pay my excess, they reimbursed me when the claim was still not settled after a year. The last I heard was the court found against the other party and there was a summons issued against the firm for payment. My husband was recommended to have a camera in the car in case of an accident, when he had a company car, and has continued to do so. Even a little disposable one will do. Link to comment Share on other sites More sharing options...
Tisaann Posted April 25, 2011 Author Report Share Posted April 25, 2011 Thanks for your replies everyone. I do have legal protection and also have my no claims protected for life but what is puzzling me more than anything is that my insurance only asked what happened then said someone from the garage would be calling to book my car in and loan me another car to use. They haven't asked for pictures of the road layout or arranged for anyone to look at the damage to my car or for photographs of the damage. So does this mean they don't doubt that I am to blame? Link to comment Share on other sites More sharing options...
safneo Posted April 25, 2011 Report Share Posted April 25, 2011 Do you have fully comp insurance? It may just be a mis communication. We had similar at work recently where garage turned up to take car for insurance repair when in fact it was only supposed to be an assessment of damage. Make sure that any conversations you have are logged by you and where possible confirmed in writing/by email from the person that you speak to. I would take pictures if you have a camera available of every angle of the damage and also the road junction where the accident happened. I hope you can get it settled in your favour. I have been in the same position and ending up 'losing' a car that wasn't worth repairing leaving me to find the money for a new one. Link to comment Share on other sites More sharing options...
blackmagic Posted April 25, 2011 Report Share Posted April 25, 2011 In my case the insurance company took details over the phone but also sent out a claim form on which to out diagrams etc. The car was taken to the garage and they submitted an estimate for the repairs but didn't start them until the insurance company okayed them. We were told to pay the excess to the garage and if and when the money was obtained from the other party's insurance we would be reimbursed. Link to comment Share on other sites More sharing options...
Tisaann Posted April 27, 2011 Author Report Share Posted April 27, 2011 I am fully comp. The thing that bothers me is that at noo time was I asked for any details to be submitted in writing with regards to the accident. So yesterday I sent an e-mail saying that before my car goes into the garage I want the decision made as to whom is to blame and asked why I have never been asked for details in writing. I am still waiting for a reply. One major annoying thing is that I seem to be dealing with India and the lady was hard to understand and I had to keep asking her to repeat herself So now we wait.........tum te tum te tum Link to comment Share on other sites More sharing options...
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