FSO raped by Focus updated 22/3/13 Alfa Purchase

[stuboy]

ateotd you still own ur car they have no right to it, deal direct with there insurers..

 

i did it 7 years ago with my ol k reg cavalier the insurers were very helpful, had a hire car for 21 days at there expense, paid me 150 nicker in taxi/bus usage... never produced a ticket to prove i used them and they wrote an apologised for the inconvenience on there policyholders part too.

[fotorabia]

That has moved me near to tears...i hope truly that it all works out...its a nightmare sadly that can happen....i need to stop contemplating similar horrible future scenarious..altho my luck is that at least the MB W123's are still common garden muck here in Aussie...good luck n stand your ground..

[Cavcraft]

Jesus, what a bastard thing to happen. At least no-one was hurt though, so small blessings etc.

 

Regarding insurance, and I stand to be corrected here, I always though if it was a third party's fault and it came off their cover then you could keep the car and they would cough for damages. Even if that's not the case then, and with the best will in the world, I don't see them fighting to keep the car because it's not going to get them any money at a salvage auction or breakers yard.

 

*Edit: The Focus driver is even more of a knob for trying to blame the car coming in the other direction. The obstruction (i.e your car) was on his side of the road and he should have waited for the opposite lane to be clear before attempting the manoeuvre.

[Guest]

I saw this on consumer action

 

Unfortunately you cannot insist on getting the vehicle repaired, the third party only has a liability to put you back in the same financial postion just prior to the accident. They don't have to give you the courtesy, you are not their customer. Gone are the days where insurance companies would go out of their way to help third parties.

[HillmanImp]

Gutted.

 

Chap at work just had dealings with Swiftcover. His Leon was rear ended on the M62. Easily a write even with his insurance company over valuing it by a couple of grand. Ideally he wanted it written off because his missus has just dropped a sprog and he needs something a bit more sensible and frugal. His insurance company submitted their valuation and estimation of repair costs to Swiftcover, basically making a recommendation that the car is written off as the repair costs were astronomical. However Swiftcover could not be arsed responding so his insurance cover just went ahead and repaired the car which cost considerably more than the car was worth and just sent Swiftcover the bill. He was nt over the moon with that but had to lump it.

 

Based on this I suggest you really need to kick Swiftcover up the arse as they blatantly cant be fucked. I suspect on the basis above though that you might be able to wangle quite a lot of cash out of them as they seem to have no regard for money. Say an FSO is worth £20k and send them a £21k repair bill. They will probably fucking pay it.

[Guest]

Despite them saying on swiftcover website that their offices are open 9am to noon on a saturday I just phoned and got a recorded message saying their offices were closed and were open 8am to 6pm Monday to Friday.

 

I thin I am supposed to inform my insurance within 48 hours of the accident but is there a legal requirement? I don't want them involved really as I want to go through the third parties insurance.

[RichardMoss]

There will be a claims line number on the insurance paperwork that you should ring in the event of an accident. That should be a 24 hour operation.

[Guest]

Well I rang their insurers (swift cover) and it said press 6 if you are a third party, when I did it said offices closed. I haven't contacted my own insurers yet.

[Luxobarges_Are_Us]

Shit! How difficult is it to avoid crashing into a parked car?

 

Do not call anyone. That's what we have e-mails for. You need to keep an exact record of what has been said- this will make it much easier for you to threaten them with legal action, FSA reports etc if things go badly.

 

AFAIK, they are obliged to put you back in the position in which you'd have been prior to the accident. It's not up to them to decide on a write-off, especially given the rarity of the car.

[The Reverend Bluejeans]

so this happened today

 

 

 

 

 

 

Caroline was parked on the side of the road minding her own business

 

In the fog, with no lights on and very close to a road junction? I do hope not. I was staggered by the number of halfwits driving around in fog the other day, no lights on, brain in neutral and utterly oblivious.

[bigstraight6]

What an awful thing to happen to your pride and joy, was the hapless pilot of the 'Bean can' in the wrong for not giving way to the approaching vehicle in this case?

[Guest]

yeah that about somes it up bigstraight6, are you suggesting i was at fault the reverend bluejeans?

[The Reverend Bluejeans]

yeah that about somes it up bigstraight6, are you suggesting i was at fault the reverend bluejeans?

 

If the car was parked on a busy main road near a junction with no lights on in poor/foggy conditions, then you certainly contributed. If I were handling the case for the Focus driver, I would certainly drag you over the coals for such stupidity.

[Guest]

I park there every day for work behind a long row of other cars, the guy admitted liability at the scene, he told me he was overtaking when a car was coming in the other direction and didn't move over enough for him, plus the police officer at the scene said he was liable as he had hit a parked car. But point taken.

[The Reverend Bluejeans]

Here we go, the ammunition for the Focus driver:

 

Fog (234 to 236)

 

When driving in fog you should

 

* use your lights as required (see Rule 226)

 

* stop in the correct position at a junction with limited visibility and listen for traffic. When you are sure it is safe to emerge, do so positively and do not hesitate in a position that puts you directly in the path of approaching vehicles.

 

Basically, if you were parked there with no lights on, the insurance company for the Focus driver could well take a different view to the driover admitting liability.

[Guest]

So I'm supposed to leave my lights on for 8 hours?

[eddyramrod]

From where I sit it's open-and-shut: Mr Fuckup driver should have waited for approaching traffic to clear. Simples.

[RedSparrow]

Don't worry, you were parked legally. But do expect the insurers to try and argue the toss though.

[Guest]

I thought that as long as my car was road legal and legally parked then if someone hits my car it is their fault, leaving lights on all day in a parked car is certainly new to me but you learn something new every day. Guess this could turn out far worse than I ever imagined.

[Tayne]

.

[RedSparrow]

Just meant that it's in no way your fault but the insurers will try and make it look like it was. It's part of their miserable job.

Be persistent and don't back down to their constant bleating and you'll get the appropriate reparations in the end.

[bigstraight6]

There shouldn't be any problems here, the FSO was parked legally, Captain Focus admitted liability and Plod said he was in the wrong and as already mentioned he should have given way to the approaching traffic in this situation. Good luck with getting it sorted and dealing with the insurance companies...

[SambaS]

RBJ needs to consider that someone's had their pride and joy almost obliterated here through no fault of their own maybe a more tactful approach would have been wiser to get across your point. Do you know how stressful these situations are for people?

 

But yes insurance companies will try every trick they can to avoid paying out.

 

Also the car was parked legally. It's not less than ten meters from the junction.

[Luxobarges_Are_Us]

Just meant that it's in no way your fault but the insurers will try and make it look like it was. It's part of their miserable job.

Be persistent and don't back down to their constant bleating and you'll get the appropriate reparations in the end.

 

+1. And don't talk to them on the phone.

[Luxobarges_Are_Us]

Also the car was parked legally. It's not less than ten meters from the junction.

 

That's correct, but it doesn't mean anything with regards to liability.

[retrogeezer]

I'm not saying it is in any way your fault Benno but given the choice, I would always park down a side road like the one that appears to be on the left in the background.

 

But top marks for everyone who parks along that road for not going up on the grass verge and wrecking it like all the muppets that live near me seem to do.

[Guest]

I agree about the side roads but that road is one of the new style estate roads that is narrow so no my advisable to park down either. I've parked on this road for two and a half years along with at least another 30 cars. With hindsight I should have paid the 8 quid a week to park in the car park which would have cost me around a grand so far. I think in future I will park in the coop and bike/walk from there. We are allowed to park there for free. Lesson learnt

[Guest]

As far as I can see even if I had parked illegally the other chap hit a stationary vehicle and It doesn' t matter. Thr car was there to be seen and it was his responsibility to make sure that the way is clear before he carried out his manoeuvre.

But of course this is all conjecture and I will see how I get on Monday. Thanks for all the advice, information so far.

[retrogeezer]

Oh yeh, definitely Benno. Fog, no fog, rain, no rain etc - not your fault at all. If you hit a stationary object it is your fault!

 

You can't win mate, park in the car park and someone will open their door into the side of your car, or even still hit it as what happened to my Mondeo before I got it. Girl swung into the space and swiped down the side of the osr quarter and door!

[ProgRocker]

Sorry to hear about Caroline, Benno. As already said - the Focus seems to have come off worse. A

 

I always try to avoid parking on roadsides if I can help it. I have very little faith in the driving skills of other motorists. However, £8 a week to park @ work seems bloody steep. I have to pay £8 a month to use the car park as an NHS Employee. My colleague with an 11 reg SEAT Ibiza who chooses to forgo the charge and park on the kerb next to the car park is taking a risk with the artics and vans squeezing past.

 

Hope Caroline doesn't get written off and can get repaired without too much hassle.