Helphire question

[Jonnycoupe]

She's disputing liability. Awesome!

 

[Jonnycoupe]

Quite.

Shes obviously been smoking crack at a dinner party with her lawyer peers. So now I have to go through my insurance to cover the hirecar costs in the short term.

 

[Jonnycoupe]

£25 and I'm your witness.

A witness has stated I had my indicator on....


Errm i was behind a 206 turning OUT of the slip road further up ther road. Im sure it canceled and from there view Im sure they wouldnt have been able to see my LH indicator through a 206 (silver aswell) anyway

Apparently there was a court case that set a precedant that this will gprobably go 1/3 2/3 in my favour as I 'mislead' her.... Proper WTF. I think my solictior is sending a letter our, surely suggesting such a settlement is me admitting liability?

Im a biff miffed and somewhat ****** off TBH.

 

[Jonnycoupe]

Help hire have been useless. Ive had people calling me to contact Esure even though ive got letters saying they are dealing with it. Then i ring esure and they say helphire have already been in contact.

I called this afternoon 'Sorry sir, were only hiring you the car, nothing else' until i mentioned it was potentially a write off 'Oh thats why its not being repaired then'. Helphire are the ones who got the car collected and taken to the repairer in the first place :s

 

[Jonnycoupe]

I don't actually understand why she would say your indicator was on.

And, in fact - so what if it was? So f'in what? That makes it ok to turn in front of you does it?

WTF. I'm totally confused as to how this is some kind of way out.

I need to find out about this court case.

Do i need to stop the offer my solictor is making? the 33% could be 1% it still means im admitting some fault.

 

[Jonnycoupe]

If you were indicating, perhaps without realising, it might explain why she pulled out. Still dont see how it makes it your fault though?

Yeah i come off the M40, the width + a bit of a motorway she pulls across me after i have come over the brow of a slightly curving left road. To make the turn i would have to do a 270 degree turn at about 40 mph, very improbably in the dry.

 

[Jonnycoupe]

Damn straight you do - if that offer goes through, her insurers will pay 66% of the claim and yours will pay 33% - so it'll go down as a claim against you.

The problem is:

a) independant witness
b) court case where judge ruled 33% 66% in a similar case.

THe offer is without prejudice.

 

[Jonnycoupe]

im on the phone now, but i think it said case it was a motorbike that cut across the car

 

[Jonnycoupe]

If you stick to your story that the indicator was on for a few seconds following its legitimate use as you joined the road further up from the scene of the accident I cannot see how a judge can find it anything but in your favour.

I 'mislead' her. This is sooooooo frustrating. My insurance co. is saying my policy doesnt have an agreed value endorsment on either. Seriously WTF

 

[Jonnycoupe]

http://maps.live.com/default.aspx?v=2&FORM=LMLTCP&cp=52.19214~-1.457952&style=h&lvl=16&tilt=-90&dir=0&alt=-1000&phx=0&phy=0&phscl=1&ss=yp.Business%20name%20or%20category%20%402%402%4025~pg.1&encType=1

I come off the M40 at from the north and go SW on Gaydon road where she pulls out infront of me.

LOOK how tight that left hander would have been!

 

[Jonnycoupe]

Wadsworth vs. Gillespie. seems to be the case.

http://www.fool.co.uk/news/your-money/insurance/2008/03/20/win-your-road-accident-claim.aspx

 

[Jonnycoupe]

I have been contacting Esure as thats the other parties ins. co. at the request of Helphire, even though they had already contacted them. I guess the hirecar part wanted to know where there money was coming from and operating independantly of the legal loss mitigation side. Im with Sky insurance brokes, insured with QBE.

 

[Jonnycoupe]

This is a mess and you should have just claimed for the write off from your own Comp (?) policy and done the arguments over liability at a later date.

Possibly, but everyone was getting wood over helphire and assuming i was at zero fault I was happy to go that way. I also wasnt sure about the write off status so I didnt want to wait for a repairer to have my car before i got a courtesy car, or if it was wrote off I would have no car. I could'nt afford time off work ontop of the day I did have off.

The arguments over liability have just started really. I can refuse any offer that comes back, the 1/3 2/3 is in light of the Wadsworth vs. Gillespie case and is without prejudice, its the solictors opinion on the event rather than my statement and counters Esures initial claim that I was fully at fault.

But yes, its a mess. i dont want it fixed, hopefully my guys will write it off, I dont want a Cat C thats gonna cost a lot more to insure.

 

[Jonnycoupe]

Even if you did turn left, she should have waited and followed you down the road - sounds like she was in a rush and tried to beat you to the M40

The filter I would have turned into is where I would have had to stop to give way.

 

[Jonnycoupe]

They seem to have wanted to wash there hands the moment there was a dispute over liability.

 

[Jonnycoupe]

Even better my agreed value isnt on the endorsements on the policy even though I paid the £71 extra. So its just boggo market value thats gonna be effective, heres hoping scene tax saves my day.

I feel like crying how bad this is going

 

[Jonnycoupe]

How much was the payout on the s14 there Lopez?

 

[Jonnycoupe]

. If the insurance company does not pay out the full amount i could potentially be liable. They have assured me that they won’t pursue me personally for any monies but they will not confirm this in writing.

I have paid a £10 for liability policy. Even if it turns out to be my fault Im covered for up to £50,000.

 

[Jonnycoupe]

Yeah thats pretty much it. However I was pretty close to a Pug 206, with a low Integra, Im a bit miffed how she would have actually seen my inidicator other than at the top of the hill and im approaching at 45.

There is a case law gillespie v Wadsworth where the 1/3 2/3 split was ruled. (1978 i think) when someone indicating similar to me failed to turn but a motorcylce pulled out of the junction rather into it infront. Difference here I think is that the motorcylcist has a number of postitions to look at, SLK driver had a single direction she was facing and totally misjudged my speed. But i lie partly at fault due to whats now recognised in claims as a 'misleading signal', thats the problem with a noisy car, low sun and on that slight curve it needed a manual cancellation But she is local and that junction is a bit dodgy.

My ins is dealing with it, and has been for a week or so now since Esure actually contacted them laying full blame on myself refering to a Watson v Cotton case law where the signalling party was at 100%, however I dont know the circumstances of that incident. The witness statment matching hers is making any sort of challenge difficult in light of the Wadsworth case law thats set a precident for this type of collision.

Car should be inspected within 48 hrs. Im just severely angry that my agreed value policy as gone up the swanny as Sky are claiming they didnt receive the pictures and MOT and wont action it now as there is a claim outstanding even though I have paid the premium Market value of the Teg is probably gonna be £3.5k rather than the £5k agreed.

 

[Jonnycoupe]

TBH I do have quite orange bulbs in a clear reflector unit so something along those lines could be the case. BUT Im pretty sure that I simply must have left my indicator on, although its rare I bother putting it on at the junction most days and I simply cant remember turning it off after the accident, I guess the jolt of the sign post cancelled the reture mechanism

Commuter auto pilot mode for the win