Help with insurance claim (Mx-5 no more)

cleanbluesky · 22 Dec 2006 at 14:37

My MX-5 has been turned into an expensive paperweight. On Tueday I was driving home on the M1 when I lost control of my car in the fast lane at approx 70mph (I wasn't speeding). My car span and must have bumped the central reservation, the next thing I remember after attempting to compensate as my car began to fishtail was not seeing any cars in front yet having the vague sense that my car wasn't where it was supposed to be.

I tried starting the engine, but it wouldn't start. I look out of the passenger window, and I can see headlights in the distance. I put the hazards on, and grab my phone and satnav as I exit my car.

As I get out I realise that my car is at a 45 degree angle with its nose in the fast lane. I try as hard as I can to pull it into the central reservation, but no joy. I look in the car and put it in neutral, and check the handbrake isn't on and try pulling it back again. I think the front wheel was too damaged at this point.

I stand on the central reservation and attempt to phone the police, whilst watching fast-paced cars avoiding my now immobile car. Before I can get through, an Audi hits the part of my car that was sticking into the front lane, without attempting to swerve or slow. This knocks my car into the central reservation and the audi continues until it is out of sight... but later slows and stops (so I am told).

I move to my car, get my stuff from the boot and gingerly job over to the hard shoulder where I get behind the barrier and call the police (who had already been called anyway).

The Audi driver had a cut or scratch but went to hospital to be sure, the police took details (recommending no further action) and then gave me a lift to the nearest service station (which was still over 100 miles from home).

My car wasn't FUBAR before the Audi hit it, but now I think it is written off. I don't think the Audi was paying attention because he made no efforts to avoid my car or slow.

My question is, at what point do I make the claim for? After I hit the central reservation?

Slam62 · 22 Dec 2006 at 14:44

Oh dear you're in a right old pickle there...

Still glad you weren't hurt :eek:

No idea what to do about your insurance though.. not a clue :confused:

Rilot · 22 Dec 2006 at 14:45

This will be complicated as a claim. Proving the Audi driver was at fault will be extremely difficult as he will argue that if you had not lost control of your car in the first place, it wouldn't have been where it was and thus he wouldn't have hit it.

Feel for you dude.

PiKe · 22 Dec 2006 at 14:45

Ouch nasty, how did you manage to stay out of harms way when the audi hit your car as from reading your post i'm lead to believe you were standing on the central reservation?

Fr0dders · 22 Dec 2006 at 14:45

god knows, ring your insurance and let them chase it up. Have you got the Audi Driver's details ?

wonder_lander · 22 Dec 2006 at 14:49

No idea but hope you get it sorted. Certainly sounds scary!

Matt82 · 22 Dec 2006 at 14:59

id be 98% sure that the audi driver was responsible for the damage to its vehicle.

your car was stationary, and visible to be seen, lots of other cars passed safely, he failed to stop/slow down or leave enough space to avoid making contact with your vehicle.

so dont worry abotu him

your insurer will have an assessment done to see if the damage caused by the audi driver can be determined. it iwll most likely be calculated as a %age of the overall damage. the audi's insurer will pay that % of the cost of the replacement.

Fr0dders · 22 Dec 2006 at 15:03

Matt82 said:
your insurer will have an assessment done to see if the damage caused by the audi driver can be determined. it iwll most likely be calculated as a %age of the overall damage. the audi's insurer will pay that % of the cost of the replacement.

id hope that would be what happens

but never having been involved in this type of accident i dont know. You'd need the Audi drivers details to give to the insurance company though, you said he stopped further down, did he make himself known to police and get breatholised ?

Matt82 · 22 Dec 2006 at 15:07

there is more than likely to be a police accident report. your insurer will be able to get a copy of this. it is in their interest, with the audi's details, your insurer can dodge part of the repair/replacement cost.

i hate drivers such as the driver of the audi. completely oblivious to whats going on around them and then either so stupid that they thought they could continue with their journey or they are not a legal driver (ie no tax/insurance) so they tried to keep going.

if the above does not apply, then they probably only stopped when they realised that they had knackered their car and thought it would be best to try and get your insurer to pay or try claiming for injury

for all they knew they had splattered you against the armco

cleanbluesky · 22 Dec 2006 at 15:09

PiKe said:
Ouch nasty, how did you manage to stay out of harms way when the audi hit your car as from reading your post i'm lead to believe you were standing on the central reservation?

Yeah, I think I was - but I wasn't standing directly by the car. I may have been between barriers, I can't remember.

cleanbluesky · 22 Dec 2006 at 15:13

Matt82 said:
your insurer will have an assessment done to see if the damage caused by the audi driver can be determined. it iwll most likely be calculated as a %age of the overall damage. the audi's insurer will pay that % of the cost of the replacement.

The car was hurt before the Audi hit it, now its most likely a loss.

Either way I lose my no claims, but thinking back I am getting a bit peeved that the Audi hit my car - several cars managed to avoid it but this guy didn't even break.

Matt82 · 22 Dec 2006 at 15:16

so if they decide the audi did 60% of the damage and the car is £10k to replace, the audi's insurer pays £6k of the replacement cost. thats if the audi is insured

dont know why youre worried that they audi hit you. just be glad youre not dead

Fr0dders · 22 Dec 2006 at 15:28

Matt82 said:
dont know why youre worried that they audi hit you. just be glad youre not dead

quoted for truth

if you've got your car door open, retrieving valuables from a stationary car in the middle of the motorway, your at extreme danger, especially when there are idiots like the audi driver around not looking where they are going.

Be extremely glad he came 5 minutes later when you were stood out of the way, and not when you were leaning in the car. 5/10 minutes difference and you could have been dead.

cleanbluesky · 22 Dec 2006 at 15:44

Matt82 said:
dont know why youre worried that they audi hit you. just be glad youre not dead

I'm not particularly worried, but I want to make sure I pay attention to detail here for fear of losing the money for the car. I really don't need a loss on that kind of money.

I also think I am lucky that nothing hit me whilst the car was spinning, 70mph - 0mph isn't a short or safe affair...

Freefaller · 22 Dec 2006 at 15:49

Ah mate, sounds like a hideous position to be in

First and foremost I'm glad you're ok. God forbid the scene should you have still been in your car!

I hope the Audi gets done for that tbh - he was clearly not paying attention.

How did you lose control? Changing lanes? Sounds a bit horrid nonetheless.

PiKe · 22 Dec 2006 at 15:49

So what caused the loss of control? A blowout?

lordrobs · 22 Dec 2006 at 15:59

TBH I have no idea how the insurance companies are going to sort that mess out, but I would think its going to be a long anc complicated process.

I can understand why your annoyed but tbh on a road where you can randomly end up spinning out of control within the speed limit how can you be sure that the Audi driver hitting your car was simply due to a lack of concentration?

Matt82 · 22 Dec 2006 at 16:29

read my post up there, thats how itll be done. i assume the audi driver will deny responsibility.

i would bet money on him being prosecuted for driving without due care. how on gods good earth do you drive into a stationary car on the motorway.

if you fancy it you could call the insurance company to remind them of the police report. they can request this and hint at the coppers to start charging

PiKe · 22 Dec 2006 at 23:42

... So how did you randomly drop the car in the outside lane?

cleanbluesky · 23 Dec 2006 at 12:04

Not entirely sure, my recollections of the crash are a bit vague. The police reckon tire blowout. I remember hearing studs, then swerving to compensate and sending the car into a spin. Next thing I remember I am stationary with the vague idea that I am in the wrong position on the motorway