Not my fault accident advice?

33
Posted 22nd Sep
So I was rear ended in Bristol near the airport, I stopped for a car turning right and the car behind me basically plowed into me at 40-50mph, both cars are written off a young girl not paying attention, I have the full thing on dashcam clear as day I was doing 48MPH in a 50 I came to a complete stop and she just didnt stop at all, its on camera her getting out and apologising for not seeing us brake and then her advising she bent down for a bottle of water and when she looked up.. well.

I can't get any help from my insurance until Monday now, but my luggage was in the back and she crushed it all, everything in there from little things like souvenirs to my macbook and my american tourister luggage all smashed up.. so £1500 worth at least..

So can I claim this or does it go off my insurance where my personal possessions cover is £150? which clearly wont cover it.. Can I claim for the full value because they were at fault, or do I claim for that on my holiday insurance?

I am prepared for a fight on the market value of my car but I wondered how the personal possessions thing works,

Dont ask me to post the dashcam footage, although once the claims sorted I might
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markmc99922/09/2019 11:23

I did mine via a claims management company (simply as my excess was …I did mine via a claims management company (simply as my excess was horrific with no courtesy car and this company could sort both). But that did, I think, slow things down a tad. You may want to ask your insurance about it OR speak to some claims companies about if they do pre-completion payments as I know some now do especially in what should be quite a clear cut case with no argument over fault.


These scummy claims management companies are largely responsible for the ridiculously high insurance premiums we have to pay. The more they blag out of the insurance companies then the more money they make. I had a small shunt where I hit a 12 year old Fiesta up the backside. Everything was straightforward until a claims management company became involved. They tried to claim £8000 for car hire for their client. Fortunately my insurance company told them to swivel and went to court to fight it, getting it reduced to £1000. They're scum.
33 Comments
"I have the full thing on dashcam clear as day"

well... upload to Youtube and let us be the Judge

"Dont ask me to post the dashcam footage"

see ya later then... 2 sides to every story and all that......
Edited by: "cainer1" 22nd Sep
cainer122/09/2019 10:19

"I have the full thing on dashcam clear as day" well... upload to …"I have the full thing on dashcam clear as day" well... upload to Youtube and let us be the Judge "Dont ask me to post the dashcam footage"see ya later then... 2 sides to every story and all that......



Generally I believe they advise not posting on-going matters to YouTube, whether it harms the case I’m not 100% certain.

To me it sounds like the personal possessions cover under your insurance would pay out a maximum £150, whether your holiday insurance would cover it may depend on the insurance you’ve bought and whether it’s applicable to a certain country only etc. Depends what the policy wording says in detail.
I'm not an expert but I would be very surprised if the 3rd party's insurance doesn't have to pay for your possessions. Supposing you didn't have any holiday insurance and only had 3rd party motor insurance of your own - why should you be out of pocket?
cainer122/09/2019 10:19

"I have the full thing on dashcam clear as day" well... upload to …"I have the full thing on dashcam clear as day" well... upload to Youtube and let us be the Judge "Dont ask me to post the dashcam footage"see ya later then... 2 sides to every story and all that......


Being hit from behind doesn't need two sides.
I'm pretty sure they will pay for that via the third party, but, you wont get it until after everything is all settled which will take time.

When I had a similar accident (pulled out in front from side street) my iPhone flew off passenger seat and smashed. Third party insurers agreed to replace but I needed to wait for final payouts

Hope you are OK and just be prepared for a long wait on payouts I'm afraid.
What your insurance covers is irrelevant in a non fault claim, you will be claiming off the 3rd parties insurance. So yes it will cover everything providing they had insurance
markmc99922/09/2019 11:04

I'm pretty sure they will pay for that via the third party, but, you wont …I'm pretty sure they will pay for that via the third party, but, you wont get it until after everything is all settled which will take time. When I had a similar accident (pulled out in front from side street) my iPhone flew off passenger seat and smashed. Third party insurers agreed to replace but I needed to wait for final payouts Hope you are OK and just be prepared for a long wait on payouts I'm afraid.


Yeah I am afraid of this..
cainer122/09/2019 10:19

"I have the full thing on dashcam clear as day" well... upload to …"I have the full thing on dashcam clear as day" well... upload to Youtube and let us be the Judge "Dont ask me to post the dashcam footage"see ya later then... 2 sides to every story and all that......


Ill refrain from posting on an online forum to impress.. but I wil post a photo

doesn't look like much damage to my car, but her car lifted mine up and the spare wheel bay was pushed inside out, completely destroying my boot inside,

38520297-VJgdW.jpg
38520297-p6OJS.jpg38520297-rlhoQ.jpg
Edited by: "MrSprkle" 22nd Sep
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deleted733638
terriclarkfan22/09/2019 11:00

Being hit from behind doesn't need two sides.


Well yes, it might. Like the time some clown reversed into me. Luckily they admitted everything.
MrSprkle22/09/2019 11:20

Yeah I am afraid of this..



I did mine via a claims management company (simply as my excess was horrific with no courtesy car and this company could sort both). But that did, I think, slow things down a tad. You may want to ask your insurance about it OR speak to some claims companies about if they do pre-completion payments as I know some now do especially in what should be quite a clear cut case with no argument over fault.
markmc99922/09/2019 11:23

I did mine via a claims management company (simply as my excess was …I did mine via a claims management company (simply as my excess was horrific with no courtesy car and this company could sort both). But that did, I think, slow things down a tad. You may want to ask your insurance about it OR speak to some claims companies about if they do pre-completion payments as I know some now do especially in what should be quite a clear cut case with no argument over fault.


These scummy claims management companies are largely responsible for the ridiculously high insurance premiums we have to pay. The more they blag out of the insurance companies then the more money they make. I had a small shunt where I hit a 12 year old Fiesta up the backside. Everything was straightforward until a claims management company became involved. They tried to claim £8000 for car hire for their client. Fortunately my insurance company told them to swivel and went to court to fight it, getting it reduced to £1000. They're scum.
deeky22/09/2019 11:35

These scummy claims management companies are largely responsible for the …These scummy claims management companies are largely responsible for the ridiculously high insurance premiums we have to pay. The more they blag out of the insurance companies then the more money they make. I had a small shunt where I hit a 12 year old Fiesta up the backside. Everything was straightforward until a claims management company became involved. They tried to claim £8000 for car hire for their client. Fortunately my insurance company told them to swivel and went to court to fight it, getting it reduced to £1000. They're scum.


Yeah i've heard that they can massively affect the settlement offers too, because the insurance company is being charged for hire cars and other extras the insurers is far less likely to offer real value and stick to the market book value.

My car isn't anything special but it was 2013 low mileage at 33k, had a new timing belt, water pump, fly wheel, discs brakes and pads all just fitted, 19" alloys and 4x new michelin tyres, the car was pristine for its age, had a full service history with services every 5k, full exec pack with other packs added, so I paid 7K for what otherwise would be a 4-5k car.. It was a local Vauxhall dealership managers car who rarely used it I was the 2nd owner, I know I am in for a long argument over its value, but no way im taking less than 6.5k for it,

In fact I am in hope it can be repaired
Edited by: "MrSprkle" 22nd Sep
deeky22/09/2019 11:35

These scummy claims management companies are largely responsible for the …These scummy claims management companies are largely responsible for the ridiculously high insurance premiums we have to pay ... They're scum.


I agree. I'd have never used them if I wasnt backed in to a corner - there was a LOT more background to the case I mentioned that my insurers wouldnt deal with so I had no choice really for example the car who pulled out initially admitted fault (to insurer) then denied they did.... they wouldnt name driver (turned out they werent insured to drive)..... tried to accuse me of drink driving (!) etc. and where I got stuck is we both were insured by same people (albeit different sub-brands) so my 'legal protection' was useless. My insurers were wanting to settle 50:50 to save the hassle (cynical me thinks that to settle 50:50 means two people lose no claims / excess and so they get extra cash... anyway!).

The only way I could sort was an independent company who would fight. It took them about 4 years however to sort - even without ANY PI claims as I didnt have any - much to claims companies annoyance!
MrSprkle22/09/2019 11:21

Ill refrain from posting on an online forum to impress.. [Image] …Ill refrain from posting on an online forum to impress.. [Image] [Image] [Image]



the damage on her car should provide the proof for both our whiplash claims,

it hurt my neck just to look at the pic
MrSprkle22/09/2019 11:46

Yeah i've heard that they can massively affect the settlement offers too, …Yeah i've heard that they can massively affect the settlement offers too, because the insurance company is being charged for hire cars and other extras the insurers is far less likely to offer real value and stick to the market book value. My car isn't anything special but it was 2013 low mileage at 33k, had a new timing belt, water pump, fly wheel, discs brakes and pads all just fitted, 19" alloys and 4x new michelin tyres, the car was pristine for its age, had a full service history with services every 5k, full exec pack with other packs added, so I paid 7K for what otherwise would be a 4-5k car.. It was a local Vauxhall dealership managers car who rarely used it I was the 2nd owner, I know I am in for a long argument over its value, but no way im taking less than 6.5k for it, In fact I am in hope it can be repaired


Unfortunately it’s not what you think the cars is worth, they pay book price. Otherwise everyone would be trying to get extra.
You might find that it isnt as clear cut as you might like.

You stopped for no good reason - allowing someone to turn across your lane certainly isnt a good reason to stop from 50mph.

You're almost describing crash 4 cash scams.
Bargainhead22/09/2019 12:58

Unfortunately it’s not what you think the cars is worth, they pay book p …Unfortunately it’s not what you think the cars is worth, they pay book price. Otherwise everyone would be trying to get extra.


I'm aware of that, but it can be argued and won.
mas9922/09/2019 13:17

You might find that it isnt as clear cut as you might like.You stopped for …You might find that it isnt as clear cut as you might like.You stopped for no good reason - allowing someone to turn across your lane certainly isnt a good reason to stop from 50mph.You're almost describing crash 4 cash scams.


I stopped for the car turning right in front of me, I slowed to a stop the car behind just plowed in, I stopped for a good reason otherwise I'd be in the car in front.
Edited by: "MrSprkle" 22nd Sep
Ok it’s 100% her fault for no maintaining a safe braking distance, assuming the car turning right was turning right in front of you and not in your path.

Keep in the camera, but I doubt you will need it. You may experience soft tissue injury, it’s probably going to take a day or two to come on.

Gather as much evidence of the belongings - photos, receipts. Don’t throw anything out. If you have a car seat check with the manufacturer.

You have two options:
1) recommended - instruct a solicitor to claim for your possessions and injuries. Another user mentioned MLP (motor legal protection) - basically if you have MLP with your insurer then MLP covers the legal costs of instructing a certain solicitor firm. If you don’t then you can take out ATE - usually a % to instruct your insurers preferred solicitor. Alternatively you can instruct any solicitor.

2) contact her insurer to advise them to deal with specials (possessions) and injuries If you experience any. There’s nothing stopping you from claiming for your possessions through her insurer and/or vehicle directly. As for injury up to you.

Once you notify your insurer your premium will be affected even if it is non-fault. This is because insurance rating factor is based on likelihood stats. Ie if you are involved in one accident, you are likely to be involved in another.

Gather any evidence you can. Go seek medical attention if you are injured. If you need any advice I’m happy to help.
MrSprkle22/09/2019 13:23

I stopped for the car turning right in front of me, I slowed to a stop the …I stopped for the car turning right in front of me, I slowed to a stop the car behind just plowed in, I stopped for a good reason otherwise I'd be in the car in front.


Ignore what the other person just said.

You have done the right thing by stopping in time and avoiding a collision with the vehicle information.
MrSprkle22/09/2019 13:23

I stopped for the car turning right in front of me, I slowed to a stop the …I stopped for the car turning right in front of me, I slowed to a stop the car behind just plowed in, I stopped for a good reason otherwise I'd be in the car in front.


Ok, sorry I misunderstood your description. I thought you meant that you stopped to allo a car coming towards you to turn across your lane.
I’ve had this situation and it is added to your claim against the person at fault, they pay for your losses
MrSprkle22/09/2019 13:22

I'm aware of that, but it can be argued and won.


That’s good, but why doesn’t everyone do the same...
Bargainhead22/09/2019 15:47

That’s good, but why doesn’t everyone do the same...


I don't know I'm not everyone
MrSprkle22/09/2019 15:48

I don't know I'm not everyone


Well you seem to know a lot about insurance, so you would surely know your possession go on the person at fault....
Bargainhead22/09/2019 15:52

Well you seem to know a lot about insurance, so you would surely know your …Well you seem to know a lot about insurance, so you would surely know your possession go on the person at fault....


I know very little about insurance, I just know of examples from other people who have argued the settlement offers to get what they felt their cars were actually worth...

The book price, takes nothing else into account, no milage or service history, no extras or packs and so on..

If I have my way Id want a repair, I suspect the fact the crash bar is bent, needs new bumper, sensors & reversing camera that the repair bill will be expensive and they might just write it off.
That inevitable whiplash will help with any losses
All your stuff in the boot was smashed?. Yes of coarse it was
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deleted1410297
Tell them your pituitary gland hurts too for a few more pennies
markvirgo24/09/2019 21:14

All your stuff in the boot was smashed?. Yes of coarse it was


No I had a hard case r2d2 one, that smashed my laptop bag it bent my mac book in half almost the ipad was just shattered, 50mph collision things break. I've had to provide photos of the damage.
markvirgo24/09/2019 21:14

All your stuff in the boot was smashed?. Yes of coarse it was



deleted141029724/09/2019 21:20

Tell them your pituitary gland hurts too for a few more pennies


Someone crashed into me, I was alright until they did that, I wasn't after a claim just if someone smashed your property you would want reimbursing too, victim blaming attitudes on here stink.

I found out today her insurance has been cancelled as she admitting to driving without due care and attention by leaning down for a bottle of water.
Edited by: "MrSprkle" 24th Sep
markvirgo24/09/2019 21:14

All your stuff in the boot was smashed?. Yes of coarse it was


It did look rough.
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