Minor Head On Crash, What To Do?

Raymond Lin · 2 Jun 2011 at 22:54

[TW]Fox;19283414 said:
You must work for the marketing department of a solicitor. I cant beleive you are actually suggesting he starts paying for legal representation for this. Unbelievable.

My job title has no relevance to my argument.

What is relevant is I am stating the process of making a claim in a car accident. What goes on and what people do everyday.

Your argument is your belief. You believe it to be wrong, the law however, disagree with you.

and no, he doesn't pay a thing, thats not how CFA works.

and I say again, how he proceed, is up to him. I am saying he injured hence entitled to compensation. Period.

I don't know why I bother, like I said 30 mins ago, your argument is always your own logic and opinion, and you can't argue with opinions.

Kenai · 2 Jun 2011 at 22:54

On the basis of those photos, you'd be mad to take that through insurance and risk getting a 50/50 or even full fault claim on your policy, your future premiums would probably eradicate anything the insurance paid out anyway.

ZG002 · 2 Jun 2011 at 22:55

Raymond Lin said:
Actually, no. Make a claim through getting a CFA and through a solicitor. The particulars of claim can include damages for the car should he wish.

How he fix the car now is up to him. Through insurance if he wants, claim the excess within the PI claim and claim that back too. All he needs is proof for the repair, i.e. photos and receipts for the repair.

I can see your time here in Motors is going to be interesting,

[TW]Fox · 2 Jun 2011 at 22:57

Raymond Lin said:
My job title has no relevance to my argument.

Then stop telling us you do this at work if you are not prepared to discuss it any further. You brought your job into this. Not us.

What is relevant is I am stating the process of making a claim in a car accident. What goes on and what people do everyday.

The first step in making a claim in a minor car accident is not to phone your solicitor. Often a solicitor isn't even needed, the insurance companies can sort it amongst themselves. It is also highly irregular and not common practice in a non-fault accident to go off and pay to repair your car yourself, subsequently submitting paperwork and photos for reimbursement. Thats just not how people do things!

Your argument is your believe. You believe it to be wrong, the law however, disagree with you.

We speak English on this forum.

and I say again, how he proceed, is up to him. I am saying he injured hence entitled to compensation. Period.

He's only entitled to compensation if its somebody elses fault, which is far from clear!

cm1179 · 2 Jun 2011 at 22:57

i found the photo's quite funny

aslong as no one was hurt eh? lol

pioneer2000 · 2 Jun 2011 at 22:59

[TW]Fox;19283414 said:
You must work for the marketing department of a solicitor. I cant beleive you are actually suggesting he starts paying for legal representation for this. Unbelievable.

Haha

Sensible approach - Sort it out between yourselves as it's relatively minor.

Alternative approach - Claim for damage, exaggerate injuries and cause a whole load of grief over what is afterall, an unfortunate little accident.

hurfdurf · 2 Jun 2011 at 22:59

[TW]Fox;19283414 said:
You must work for the marketing department of a solicitor. I cant beleive you are actually suggesting he starts paying for legal representation for this. Unbelievable.

Dave85 · 2 Jun 2011 at 23:32

It looks fairly minor to me I would just get something down in writing saying your both getting your own cars fixed and not assigning blame and be done with it. Inform your insurer you had a bump and let it go.
However if you do want to go insurance and claim for personal injury and so on then go for it. It is however what your insurance is for but the premium increase may end up half the value of your car once its fixed.

Those are pretty much your two options. As for Raymond Lin, honestly don't waste your time you will just end up being raged by fox he is pretty much the motors forum just try to gloss over his posts.

matthab · 2 Jun 2011 at 23:49

Id be tempted to be argue thats her fault. Why shes over that side of the road is beyond me.

BunnyKillBot · 3 Jun 2011 at 01:13

You must work for

Raymond Lin said:
My job title has no relevance to

Not denying it, so in other words, Fox is spot on.

Raymond Lin · 3 Jun 2011 at 01:33

BunnyKillBot said:
Not denying it, so in other words, Fox is spot on.

Spot on what? That he thinks I am on work experience? Nope. That I work in the PR department? Nope.

He conveniently ignored my post on CFA (twice) and how OP doesn't have to pay a penny.

I am NOT a solicitor. Never claimed that i was/am.

Besides, even if I am a Solicitor, I wouldn't say so on the basis that i am a solicitor giving legal advise, and this isn't. No lawyer would openly say he is giving legal advice on an internet forum. It would be negligent to do so if it goes wrong. So, yes, even if i am, i wouldn't admit to be one.

But lets drop the opinions shall we and look at some facts.

Fact No.1 - CFA is conditional fee agreement, also better known as no win no fee. You take out an insurance policy that if you lose, it pays, if you win, or even if it settles at 10% your way, 90% their way, meaning 90% your fault) they still pay YOUR solicitor's costs.

Fact No. 2 - JSB Guidelines is the the guide for compensation for injuries. add to that Kemp & Kemp and you will have a pretty comprehensive guide to how much your claim is worth.

Fact No. 3 - It will take a bloody long time to get your money. Personally speaking, if you think you'll be fine in a day then i wouldn't bother. HOWEVER, no one can tell the future so going to the GP now will protect your position. Lets face it, none of us here are doctors, hell, even if you are, none of us has examined the OP so we do not know his medical condition, his background or his medical history so how can we say for certain, with 100% guarantee that he is not injured or if his injury will heal in a day, a week or even a month? Did you know whiplash can take up to 2 years to settle?

Fact No. 4 - You have 3 years from the date of the accident to make your claim. (there are exceptions under Section 33 of the Limitation Act)

Fact No. 5 - I have a train to catch at 7:08am so I cba to write anymore.

Raymond Lin · 3 Jun 2011 at 02:00

DAvE18 said:
It looks fairly minor to me I would just get something down in writing saying your both getting your own cars fixed and not assigning blame and be done with it. Inform your insurer you had a bump and let it go.
However if you do want to go insurance and claim for personal injury and so on then go for it. It is however what your insurance is for but the premium increase may end up half the value of your car once its fixed.

Those are pretty much your two options. As for Raymond Lin, honestly don't waste your time you will just end up being raged by fox he is pretty much the motors forum just try to gloss over his posts.

LOL, I do, most of the time.

[TW]Fox · 3 Jun 2011 at 08:06

Raymond Lin said:
I am NOT a solicitor. Never claimed that i was/am.

So don't try and use your 'work' to validate your posts if you are not prepared to say what it is. Nothing wrong with not wanting to talk walk on the internet. But you cant have it both ways.

But lets drop the opinions shall we and look at some facts.

No, lets not, because you are missing the point.

This is a small bump in a carpark between two bangers. It is not a 6 car motorway pileup.

Would you call the firebrigade to put out a candle?

Disco Boy · 3 Jun 2011 at 09:08

Raymond Lin, people like you are exactly the reason that we have such high insurance premiums. This is a minor bump which, if he took your route, would cost both parties and their insurance companies a heap of cash; everyone would lose except for the ambulance chasers.

wesley · 3 Jun 2011 at 09:20

if you take this to insurance, 99% insurance will say its your fault. you're lucky she agreed to 50/50

Raymond Lin · 3 Jun 2011 at 09:27

[TW]Fox;19284754 said:
No, lets not, because you are missing the point.

I stopped reading right there are you just lost any credibility that you may have left. I am trying to talk about facts and you bang on about opinions. Opinions are like holes, we all have them. I learned a long time ago that there is no point arguing with someone on his opinion.

Disco Boy said:
Raymond Lin, people like you are exactly the reason that we have such high insurance premiums. This is a minor bump which, if he took your route, would cost both parties and their insurance companies a heap of cash; everyone would lose except for the ambulance chasers.

If the OP had said, "I am perfectly fine, not injured". then I couldn't care less.

He is injured. Allegedly.

What's wrong with making a claim when he is injured?

Okay, lets say he doesn't, so answer me this, very simply:-

At what point in a car accident do you make a claim for personal injury? Does he need to have his feet amputated before making a claim?

Somebody please answer me that before telling me I AM the reason why insurance premiums are so high. Insurance premiums are high because of fraudulent claims, which this is not. Insurance are high because of there is a recession going on and things are tighter. Insurance premiums hasn't shot up 35% purely on the reason on personal injury claims.

No, I am not an ambulance chaser, in fact, I am on the other side. We would be acting for the lady if this case gets to that stage. In a way, we want the OP to go away. So in the other words, I don't actually want him to claim, if I take the view of our clients.

However, I am being impartial here and laying out his options, protecting his position. If that is a wrong thing to do, morally and/or legally then tell me. Tell me I am wrong.

p.s. i couldn't care less what happens to his car, its a car.

TheDean · 3 Jun 2011 at 09:30

PapaLazaru said:
It is private land. There is no 'my side of the road'.

It is a 50/50. View it as a judge would. No independant witness. No leg to stand on.

You are both at fault.

Agreed. She is more at fault imo, but it will likely go 50/50, so no point really going through insurance. Just pay for your own repairs, unless yours cost a load more than hers?

Scubascorpion said:
Neck and back injury from THAT...

Pull the other one

My thoughts exactly. He can't have been going at any meaningful speed as the corner is far too tight. This makes me really upset and angry that people are so cold, calculating and after anything they can get.

beermonster said:
The width of that road excluding the walkway looks plenty big enough for two cars to pass slowly, she was definitely in the wrong position to be negotiating a tight corner like that.

Agreed, but is it still worth a fight with her insurance? I would say not...

Nomisf · 3 Jun 2011 at 09:32

The only reason I would be tempted to take it through insurance first time round is I get the suspect feeling the that other party will very suddenly decide a few months down the line that they have crippling whiplash of doom, and start a claim against you anyway.

kefkef · 3 Jun 2011 at 09:33

wesley said:
if you take this to insurance, 99% insurance will say its your fault. you're lucky she agreed to 50/50

I'd look at it this way too. Shes already on the road, it's private and has no markings determining 'sides'. He's turning off the main carriageway into the private road without making sure that nothing is coming in the opposite direction. All she has to say to her insurance is that she had parked up for some reason and he's stuffed.

For the sake of a couple of hundred quid at most to get it sorted i'd take it on the chin personally, and if you are injured from it i'd be quite suprised if its anything major at the low speed you should be taking that corner at into a blind bend leaving a main carriageway?

TheDean · 3 Jun 2011 at 09:43

Nomisf said:
The only reason I would be tempted to take it through insurance first time round is I get the suspect feeling the that other party will very suddenly decide a few months down the line that they have crippling whiplash of doom, and start a claim against you anyway.

Could it be worth drawing something up to stop this? A deed of somesort perhaps?