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Author Bus driver is claiming off me, what to do?
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 11:40   View User's Profile U2U Member Reply With Quote

I ran into a bus about ten days ago just round the corner from my house in an estate. It was very slippy and I was driving too fast for the approaching corner so was not able to stop in time and gently bumped into the side a Minibus.

Received a letter on Saturday stating that the driver was claiming for personal injury in the form of damaged tissue leading to headaches

Thing is I was hoping to keep this away from insurance as I'm paying may too much already but if he decides to claim, insurance will have to be used. So I was wondering would there be any point in arguing his injury and how would I go about it? Would my insurance company do it or should I speak to an independant lawer?

One of my neighbours is over 70 and she was fine so I don't see how a largly built bus driver would be. Anyway at the end of the day I know it was my fault and Ill probably end up fucked in the ass for it, but have you folks got any thoughts?

As you can see the damage was minimal.



chrisritch
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Registered: 2nd Sep 08
Location: Northants Drives: Kuga
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20th Dec 10 at 11:43   View User's Profile U2U Member Reply With Quote

Nah mate your fucked. TBF to the guy he could be genuinely hurt. Doesnt take alot of force to cause soft tissue damage.
mattk
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Registered: 27th Feb 06
Location: St. Helens
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20th Dec 10 at 11:43   View User's Profile U2U Member Reply With Quote

looks like youve been done there, dont think there is alot you can do, grabbing twat
mattk
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Registered: 27th Feb 06
Location: St. Helens
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20th Dec 10 at 11:44   View User's Profile U2U Member Reply With Quote

I bet it takes more force than a slightly bent wing on a 20yr old Nova
Twiggy
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Registered: 15th Oct 04
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20th Dec 10 at 11:52   View User's Profile U2U Member Reply With Quote

Easy 2k .....
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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20th Dec 10 at 11:52   View User's Profile U2U Member Reply With Quote

Don't mention the bit about going too fast to your insurer, they can call it unforeseen circumstances and blame the snow clearing you of negligence and not have to pay out to anyone but you (should you want to claim for your own car)
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 11:56   View User's Profile U2U Member Reply With Quote

Dont think the snow can clear me of negligence though because I was approaching a junction whereas the bus driver was already on the road.

2k Twiggy, really?

Pisses me off because its something i would never do. Ive had 2 corsas written off by people crashing into me and didnt claim for injury once. The second time it was actually a bus.

Thanks for replys

[Edited on 20-12-2010 by Ricky352]
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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20th Dec 10 at 12:00   View User's Profile U2U Member Reply With Quote

Basically to make a claim from you he and his insurers have to prove you acted in a negligent manner and did something to cause the collision. In this case you were approaching a junction and because of the snow your car lost grip and slid into another vehicle. This was beyond your control and therefore not your fault.
I work in insurance in the claims department and do this all day
Ian W
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Registered: 8th Nov 03
Location: Wirral, Merseyside
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20th Dec 10 at 12:04   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by LeeM
Basically to make a claim from you he and his insurers have to prove you acted in a negligent manner and did something to cause the collision. In this case you were approaching a junction and because of the snow your car lost grip and slid into another vehicle. This was beyond your control and therefore not your fault.
I work in insurance in the claims department and do this all day


How does this work though if someone crashes into you?

So if you someone slid into my car today and wrote it off they can blame it on the snow and not be at fault?
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 12:07   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by LeeM
Basically to make a claim from you he and his insurers have to prove you acted in a negligent manner and did something to cause the collision. In this case you were approaching a junction and because of the snow your car lost grip and slid into another vehicle. This was beyond your control and therefore not your fault.
I work in insurance in the claims department and do this all day


Oh, its just I was speaking to my mate who is a police officer and he told me about the junction thing but said he wasnt sure, so could well have been incorrect.

To be honest I was also travelling down hill at the time, which may back up your theory. The letter sent to me from his laywer states that they are blaming me because I failed to stop, swerve, avoid collision or some shit like that, so would my insurance company argue against this?
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 12:08   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ian W
quote:
Originally posted by LeeM
Basically to make a claim from you he and his insurers have to prove you acted in a negligent manner and did something to cause the collision. In this case you were approaching a junction and because of the snow your car lost grip and slid into another vehicle. This was beyond your control and therefore not your fault.
I work in insurance in the claims department and do this all day


How does this work though if someone crashes into you?

So if you someone slid into my car today and wrote it off they can blame it on the snow and not be at fault?


This was actually the case when my mates mum crashed recently, I just felt my case was different due to the junction.
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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20th Dec 10 at 12:11   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ian W
quote:
Originally posted by LeeM
Basically to make a claim from you he and his insurers have to prove you acted in a negligent manner and did something to cause the collision. In this case you were approaching a junction and because of the snow your car lost grip and slid into another vehicle. This was beyond your control and therefore not your fault.
I work in insurance in the claims department and do this all day


How does this work though if someone crashes into you?

So if you someone slid into my car today and wrote it off they can blame it on the snow and not be at fault?


Is one of those "tough shit" situations, and part of the reason why you're insured
Ian W
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Registered: 8th Nov 03
Location: Wirral, Merseyside
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20th Dec 10 at 12:14   View User's Profile U2U Member Reply With Quote

I'd be going mental if that happend tbh
LeeM
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Registered: 26th Sep 05
Location: Liverpool
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20th Dec 10 at 12:22   View User's Profile U2U Member Reply With Quote

I can imagine, I know it wouldn't e your fault but it also wouldn't be the other persons.
Like one I had, someone crashed into my clients car and a couple of others and wrote them all off, but the guy driving had a heart attack and passed out at the wheel. No medical history of anything and no explanation for it . His insurers didn't pay out because it was unforeseen and not his fault
ed
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Registered: 10th Sep 03
Location: Northampton Drives: Fiat 500/Porsche Boxster
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20th Dec 10 at 12:23   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ricky352
would my insurance company argue against this?

It's in their best interest to do so!
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 12:24   View User's Profile U2U Member Reply With Quote

Holy shit!
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 12:24   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by ed
quote:
Originally posted by Ricky352
would my insurance company argue against this?

It's in their best interest to do so!


Yeah thats what I was thinking. Ill phone them tommorrow then and sort it out, see how it goes.
alan-g-w
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Registered: 9th Nov 07
Location: Glasgow
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20th Dec 10 at 12:57   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by LeeM
Basically to make a claim from you he and his insurers have to prove you acted in a negligent manner and did something to cause the collision. In this case you were approaching a junction and because of the snow your car lost grip and slid into another vehicle. This was beyond your control and therefore not your fault.
I work in insurance in the claims department and do this all day


Is it not called driving outwith the conditions or something? No offence to the OP or anything, I know how easy these things are to happen, but it's not as if the snow just came from no where. He should have, in the eyes of the law and I'd have thought insurance company as well, be driving to the conditions. Which he wasn't as he crashed.

Sorry to see that Ricky352, sounds like it could have been a lot worse though.
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 13:01   View User's Profile U2U Member Reply With Quote

Thats a fair point Alan, I'll just need to contact them tommorow when I'm off and see what the official line is.

Cheers
alan-g-w
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Registered: 9th Nov 07
Location: Glasgow
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20th Dec 10 at 13:05   View User's Profile U2U Member Reply With Quote

Didn't mean to sound like a dick or anything, just that I don't think you should get your hopes up too much. Good luck with it anyway.
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 13:10   View User's Profile U2U Member Reply With Quote

No don't worry, it was an intelligent comment to make lol, cheers.
Nath
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Registered: 3rd Apr 02
Location: MK
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20th Dec 10 at 13:13   View User's Profile U2U Member Reply With Quote

People literally claim for anything these days. Best of luck to you mate.
Adam-D
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Registered: 11th May 02
Location: Cheshire
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20th Dec 10 at 13:17   View User's Profile U2U Member Reply With Quote

thats a fucking piss take

a bus would get more shock hitting a pothole than the nova hitting it.
Tomnova16
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Registered: 21st Jan 06
Location: Gerrards Cross Drives: Porsche 911
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20th Dec 10 at 13:25   View Garage View User's Profile U2U Member Reply With Quote

my mate reversed into the side of an audi a4 dominos pizza delivery guy.
scraped the paint off his bumper and put a small dent in the door.

he got a call the other week saying the guy is claiming for whiplash as he cant work as a tyre fitter.
my mate said the guy was delivering pizzas so first check he is insured for that,
turns out he isnt a tyre fitter as is a weedy 40yr old pakistan fella.
wasnt covered for business use so the claim has now fallen through.

bit different to your situation but still be persistant and it might be ok


http://www.lemass.co.uk/ for all your automotive/bodyshop needs
Located in Chalfont st Peter
Ricky352
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Registered: 6th Apr 07
Location: Lisburn, N.I.
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20th Dec 10 at 14:15   View User's Profile U2U Member Reply With Quote

So annoying what people will do these days, but you can't blame them with the amount of adverts you see adevertising lawyers specialising in claiming. Really gets to me and it is one contributer to high insurance prices.

Cheers for replys.

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