Sisters car written off - other driver taking legal action.

[Demon]

My advice,

Do not attend court.. you would like to think justice will prevail, however, the reality is the cheapest legal representation will be used, they will pitch up with only glancing at things for a few seconds and then a farcical and entirely random hearing will take place where everything from obvious lies to misrepresenting everything will ensue..

My dad had someone hit him from behind at some red lights on a roundabout, he insisted on going to court because they claimed he had put the car in reverse and hit them.. my mum was also in the car, so there was no disputing reality.. In court, the solicitor came in hurried only just reading the notes then, and it turned out the actual person driving sent his father in pretending he was the driver, and since their solicitor was better prepared, and their lies quite convincing, they claimed my mum wasn't in the car, and won the case on the assertion as my dad was 60 he therefore had a senior moment and mistook reverse for 1st.. the outcome was the bumper damage turned into £7k of damage..

That absolutely devastated my dad.. it rocked his world view about other people and he was never the same again.. he wished he never went or heard about it, he’d rather just have sat at home and been ignorant about the court ruling.

 

[theone8181]

Surely if your sisters been t boned and the other driver has a damaged bumper, that indicates who crashes into who? (Also obligatory don't call me shurley ).

 

[SilverTongue]

She actually first said she didn’t hit her at all! (Massive dent annd written off!) Unfortunately sister wasn’t recording then.

already sent 2 minute video across to sister’s solicitor.

She goes from saying “we might not need to get insurers involved”

Sister then says she was clearly to blame then she says “it wasn’t my fault”

Then says “sister should contact her insurance and she will do same and thinks was 50/50”

Then the solicitor letter dropped.

Would love it to blow up in her face and sister maybe able to get excess back at least. Could she push for the increase in her premiums over the 5 years they will increase? Would be a nice bit of revenge, will charge 8% interest too!

Like I say sister was literally going to take the hit, wasn’t her fault but she couldn’t really prove it. Even though she had repeatedly tried to get insurer to get council CCTV which is right on crossroads.

Video of other party agreeing 50/50 at the scene means diddly squat "My client was in shock therefore did not understand the ramifications of what she was saying"

Solicitor letter is likely because of what the other driver has told her insurance company meaning that the version of events they hold would indicate that your sister is at fault, your sisters insurance company will likely be holding out for 50/50 or even the other party at fault, hence their insurance co passing it to solicitors.

Your sister will get the excess back based on the other parties liability, i.e. court finds sister at fault she won't get it back, sister 25% at fault then 25% excess back and so on.

No she will not be able to claim back the increase in premium as there is no way to determine exactly what portion of the premium increase each year is down to the accident vs other factors (been attempted many times with case law to support, can't remember specific case law though)

As for the repair costs, yes it may have appeared to only be minor damage at the scene, but I have seen images where there is almost no damage to the bumper skin but once the bumper is removed the crash bar is badly bent.

The 8% interest is standard interest that is applied if the claimant can prove that the verdict given by the court was already offered to the defendant and that there was no reason for the defendant to not accept the offer, i.e. very obviously defendant at fault such as defendant hitting a parked car etc.

Even though both had fitted give way lines, they actually mean "give way to traffic on the right" from what you've described the other driver came from you sisters left, if then the other driver is at fault. If the other driver came from direct across from your sister then unfortunately the other driver has her bang to rights as she would have been turning across the other drivers path making her at fault.

 

[bigmike20vt]

There is no way in hell that bumper even needed replacing, literally few scratches bumper by front plate. No damage to lights/indicators or anything. £3700 no way.

this is what insurance is for and am sure will get sorted. I had an accident many years ago (mostly my fault and I accepted liability) but the other guy tried it on with mental duress , loss of work etc. our broker said it is quite common people try it on and not to worry

as for the bumper. it's amazing what things cost.... and I know if it were my car I would not put up with scratches or any damage to my car after an insurance claim , I would want it fixing properly too, which can end up expensive.

 

[Begbie]

I had this when I was 17, crashed my car putting a girl in hospital (so 100% my fault). She wasn't wearing a seatbelt and the damage was a burst lip due to the no seat belt, only went to hospital due to shock really.

Had a letter from a solicitor wanting compensation for damage, phoned my insurance who told me to ignore it and they will wait for it. Heard nothing since, 18 years later.

 

[SixTwoSix]

My wife had a head on collision at around 10-15mph in 2019, a few weeks later we had a compensatory letter from the other parties solicitor claiming for whiplash, back pain and time off work for both people in the car. Called Aviva who told us to ignore it - heard nothing since.

 

[GravyMonster]

Would be interesting if any mechanics could chime in with cost to replace front bumper on golf 17 plate. There is no way in hell that bumper even needed replacing, literally few scratches bumper by front plate. No damage to lights/indicators or anything. £3700 no way.

Yes, way.

If the impact on the Golf was enough to *write off* another car then it's not just going to be a 'scrape on the bumper'. There will most likely be slam panel damage, radiators, headlights etc which will need replacing. Also, those replacements will be brand new OEM, not the original items repaired with some spit and polish. And then you've got to factor in the labour that repair places charge. Yes the prices are ridiculous and could be done privately for less, but this is why insurance is so expensive in the first place.

 

[bloodiedathame]

'We might not need to get insurers involved' is not only fraudulent but an admission of guilt IMO. That should hold up well if it goes to court.

 

[bigmike20vt]

I had this when I was 17, crashed my car putting a girl in hospital (so 100% my fault). She wasn't wearing a seatbelt and the damage was a burst lip due to the no seat belt, only went to hospital due to shock really.

Had a letter from a solicitor wanting compensation for damage, phoned my insurance who told me to ignore it and they will wait for it. Heard nothing since, 18 years later.

if she wasn't wearing a belt how was that 100% your fault? or was she under...... 14 I think it is where the driver has to make sure they wear a belt if in the driver's car.

 

[SmokeKingGun]

Thanks for replies

Accept that may have been hidden damage behind bumper but it does seem like she is trying it on. She only had a courtesy car for 1 day (claiming £31) if car was seriously damaged surely would take longer to fix than a day.

I’ve tried attaching a rough drawing. They both technically had to give way to right (I think?) so is tricky junction.

My sister had almost completed the manoeuvre and was hit over half way along passenger side panel (where door opens almost reaching back wheel arch)

Rough accident drawing

Sister car had travelled a lot further and was almost past other car when other car just pulled out, presumably she hadn’t seen my sister at all.

Guess other driver is saying my sister has cut across her path, causing accident? My sister should have taken photo immediately after accident (showing point of impact) but they both moved cars to side of road.

I always thought be very careful what said after accident (never even say sorry, even if at fault, as that can admit guilt)

On video she went from not wanting to go through insurance (she had checked her damage) she then looked at my sisters cars damage. She immediately switched to say it wasn’t her fault, and then finally go through insurance saying was 50/50.

Her attitude immediately after accident certainly didn’t seem like she was in shock. She was really a nasty old women and even said to passer by that sister was being abusive to her!

Hopefully will backfire on her. If pushed will state she is 70+ woman, drives max of 1500 miles in a year, ask how is her health, should she still be driving? What if she had not seen a child?

Would never stoop that low normally…

 

[Scuzi]

You are investing a lot of time and angst in this when your sister has already paid someone to take care of it all for her. Your points are understandably biased and emotional and therefore hold no sway. The best thing you can do is follow the advice given in this thread, forward the letter to the insurance company, and move on with your lives, chalking it up to experience.

 

[SmokeKingGun]

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[SGWills]

The 8% is only applicable if the file ends up in court.
The rest of the letter is a standard template letter from a solicitor. they send them generally if liability hasnt been agreed or their costs havent been paid. Some sols send blank summons letters to try and provoke a response. The only time there is a timescale in place is if its a stamped summons which will have an issue date on it.
ultimately, just get your sister to contact her insurer, make sure they received their copy and they should also be able to give you a current position of the claim with the other insurer as to why they send their notice to issue.

 

[SmokeKingGun]

You are investing a lot of time and angst in this when your sister has already paid someone to take care of it all for her. Your points are understandably biased and emotional and therefore hold no sway. The best thing you can do is follow the advice given in this thread, forward the letter to the insurance company, and move on with your lives, chalking it up to experience.

You’re totally right and we had done. We had accepted 50/50 even though no fault and had moved on. We are not the one dragging it on.

Will follow advice and let insurers solicitors deal with it (which we were doing anyway) but if sister has to attend court gloves will be off.

 

[bloodiedathame]

I don't think your sister is at fault at all. Technically she's coming from the right based on your drawing, and the other car isn't adhering to the right of way.

 

[Axeboy]

I think the opposite. Sister must give way on that setup

"If you are emerging left or going straight ahead at the crossroad you have priority over the traffic from the road opposite if they are turning their right "

 

[Begbie]

if she wasn't wearing a belt how was that 100% your fault? or was she under...... 14 I think it is where the driver has to make sure they wear a belt if in the driver's car.

As in, I crashed the car so that was my fault. No other parties involved.

 

[bloodiedathame]

I think the opposite. Sister must give way on that setup

"If you are emerging left or going straight ahead at the crossroad you have priority over the traffic from the road opposite if they are turning their right "

Totally depends on who pulled out first. She was already on the road when the incident occurred. If they were both sat at the junction stationary you're right.

 

[Housey]

As said above, route all correspondence to your insurer.

I had a similar thing many years back, towing my race car to a race. Some guy in a Volvo drove into me on an island (the weekend started bad and got worse and it was one of the worst times of my life but that is whole other story). As I went around he raced into the gap and it closed and he hit my (friends) trailer. I was in a rented van so it was all covered by the vans insurance, but he was a right tool and wanted to make it personal (at the scene and after the event).

Every single one of his legal letters was passed to the insurer but still they came. The insurance company dealt with it all and he in the end got told where to go. I get the annoyance of stuff like this but for insurers it's common and they are well placed to deal with it.

His Volvo was written off......for £2,500

 

[Axeboy]

Totally depends on who pulled out first. She was already on the road when the incident occurred. If they were both sat at the junction stationary you're right.

Ahh really?

I wasnt aware right of way was given to the car that pulled out first, new to me, you got a reference or link to that one>?