What happens when both parties are saying its not there fault......who loses the NCB???

One party has a witness to say that it was the other guys fault

 

find another witness or your fucked. the insurer will usually take their side unless its obvious whos fault it really is.

 

witness's make all the difference, if goes to court.

 

you dont have a mate who can act as an independent witness to say he seen it all?

 

thing is, its for a crappy rear bumper that i could get fixed for about £200......

But the guy is saying go through insurance as its a company car.

I just dont want to loose my ncb for a crappy bumper

 

I have a witness.......he came to me after the incident

 

whos rear bumper? his or yours?

 

My rear bumper..............he has caught the side of the rear bumper when he was cuting into my lane

 

must be.

 

sounds like you were in front and its his fault then as he crossed into your path. why is he blaming you?

 

is he trying to claim too or just trying to get away from sorting your car out Mark.

if any threat to your ncb, then maybe you could forfet about the whole thing and sort it yourself.

 

surely its his fault then if he has hit your rear end?

try speak to his boss if its a company car?

 

I think it is his company/company car..........

here is a brief outline......

I was coming off a roundabout which goes onto 2 lanes.........the guy behind came right up my arse, about a foot off my back bumper.....then he tried to overtake me and caught the rear side bumper of my car with his front wing.................

We got out and i said what the fuck was you doing ect ect.......Then i said you had better give me your details. He never said alot tbh....just gave me his details and went

Once i got home i managed to get the bumper back into place and all looks ok bar for some paint that i could get done for cheap money....

Now tbh i would let it go......but if he goes to his insurance and puts the wheels in motion then what happens???.........

I rang him and said i had some quotes ect, he just said go through insurance as its a company car.

I just dont want to loose my ncb if for some reason he says it was my fault.......I have a witness to say that he tried to overtake and hit the rear of my car

 

Sounds v.similiar to mine last year. Only mine was on a bigger scale.

I had 2 witnesses and for some reason his only witness lied like fuck and he didn't know the guy. Anyway out of the 3 witnesses we had 1 each supporting our story of events and one sat on the fence! I accepted 50/50 and lost some of my NCB. If i'd contested and it had gone to court as the tp wanted it would have had the same end result but put both of us to the bother of dragging it on.

You shouldn't lose yours if the witnesses support your story. You'll just have to recover your excess if its non fault through the ulr legal peeps. On mine the damage cost less than the excess so i didn't even submit a claim in my part £470 i'll not see again.

 

seems straight forward then Mark,no reason to worry as the damager on your car and his car clearly show who was at fault.

 

i think you should be ok with that. go for a complete respray

 

So what would happen if i didnt bother following it up and he did????????

 

So he hasn't said he thinks it's your fault.

As long as your witness says the offending car was behind you before the incident you'll be O.K.

.

 

have you reported it to the police Mark, worthwhile doing that first and explain the situation to them.

 

Just deny liability and your insurance company will contact the witnesses. You'll get a form to fill in the same as them to show what happened. Your company will then contact the tp insurance for payment. In simple terms. Will take a little while too.

Will the work be less than your excess?

 

do you think its worth telling them

 

do no harm telling them.

 

id be very surprised if he follows it up if theres no damage to his company car. he wont want it on his company record unless he has to.

 

I could get it done for less than my excess..........yes. Excess is £300 i think, i could get it done for less than that, and tbh i could polish the marks out for nothing.....

But if it went to a "Proper insurance place" im sure they would go for a new bumper, ect ect and it would be about £800

 

Its a small scuff on his front wing, just on the lip.......

And in all honesty i could leave mine and you wouldnt notice one i had realigned the bumper

 

You could call your insurance and explain that you can take it to a bodyshop you prefer and that the damage is less than your excess. The crucial point is if it does go 50/50 or against you for any reason(1 of my witnesses let me down as mentioned above despite what he said at the time) you'll lose that money. If it goes your way you can recover that via you uninsured loss recovery. If you have it done via insurance same applies re: excess but you'll have a nice new bumper.

You've got to decide which way to jump now thats all. Your company should be some help here-hopefully.....

You should hear within a fortnight if he is denying liability. He may claim you moved into his lane.

AFAIK if he has informed his insurance which is inevitable now you've exchanged details. He will have to have it repaired. Theres something in the terms of having a company car with most companies that you have to keep it in good condition etc.. you cant just get busy with the t-cut.

Hard to call really, is just like mine. All hinges on if he denies liability, often people say nothing at the roadside so as not to incriminate themselves then lie when they report it.

May be worth calling the old bill but as you've already exchanged details and noone was injured they probably wont be bothered. I flagged plod down once when i hit someone and they just told us to exchange dets and pissed off as noone hurt

 

write to his insurance company and claim of them directly

don't get your's invovled or you will have to go through them and then go through claiming the excess back etc

you will have to tell them you've been in a prang though so it will count in the "have you had an accident claim" coloumn

 

also, don't forget that his excess might be huge, i know i've had claims that have not been worth cliaming for at the £4k mark at work before so for £200 and they pay out of their pocket is the best you can hope for

if they start sending you paperwork tell your incusrance company

and wait for the compo lot to start ringing you up about whiplash etc and then all hell will break loose

 

I still dont get how you can ever be to blame when you get rear ended on a straight road, regardless of how many lanes. Even brake testing someone will still make it his fault as they should have been at an appropriate distance.

 

i bet hes already had a couple of pm's from the compensation chasers . i did as soon as i posted up about an accident id had.

 

Dojj, why go to the effort of writing to his insurance co? We pay enough let them do it, in fact they will advise you not to discuss anything with the tp or their insurance. Any correspondence received should be directed straight to your insurance.

 

NOT saying this is what happened, BUT the guy has said nothing YET, he could quite easy say something like, (not knowing the roads) The other car (Mark) came off the roundabout in the fast lane and without looking moved across into the slow lane into my path, I tried to brake and take avoiding actions and also sounded my horn, but it was too late with too little time to react at the speed the other car moved straight across, hitting the front wing of my car with the side rear bumper of his" etc etc.

Steve

 

because then "his" insurance will start doing the claiming etc and repairing for him and then they will give upif it goes 50/50 and then he'll not only be £300 out of pocket but next year he will have a claim against him

simpler to write to the insurance company he's been given to say "mr so and so has rear ended my car, i have a witness, give me a list of approved insurers so i can have my car fixed" and be done with it

trust me, i dealt with a few claims in my time and as soon as they know it's a company car, they write in for exactly the same reason, mainly because they'll know that the excess for his company will be more than £200 and they hope that the driver will get into shit about it

simples

 

that's what happened to me and the judge fucked me for £4k

apparently, witnesses who stop further up the road don't count

 

The first part is what i said, however once you contact the tp insurance company until liability is proven either way, they will write to you requesting your details or contact your insurance company with the details the tp has. You may know its their fault but they aren't going to authorise repairs until the tp has accepted liability. trust me i've had my fair share of claims but more importantly i worked in motor insurance for quite a while.

 

i understand what you are saying, but if his policy is up for renewal while the claim is still oustanding, he's going to be fucked isn't he

 

Not really, when quoting elsewhere you state that you have an outstanding claim. You should be able to tell them if its fault or non fault by that stage. If you stay with the current company they will take off the ncb and price based on that and reinstate it later and reduce the premium if the claim settles in your favour. My premium doubled with the company i claimed through but i got it elsewhere at about £90 more than the year before with the reduced bonus and claim still going through.
Your renewal quote will be revised to take the claim into account and you then use this as proof of ncb, if it goes in your favour they will provide proof of the max ncb and you can submit it to your new company and your premium will reduce.

 

If its a company car it will be company insurance so the whole thing will make no baring on his insurance or renewals whatso ever, its just grief he doesnt have to deal with.
I had a similar accident a couple of years ago (guy just slammed into the rear quarter of my lupo spinning it round then hit the front and pushed me onto the A1). Is his witness a passenger? if they are the insurance company take their side with a pinch of salt.I had to say it but roundabout accidents inevitably go 50/50, both my insurance company and his said that to me at the first contact with them. There would have been cctv covering my accident as well proving what happened. But roundabouts they just do it 50/50. Girl i work with had the same thing as well, and a friend of mine that works for a solicitors that deals with claims said the same thing.
I know its a real real pain in the arse as its not your fault, keep fighting it and i hope it gets you somewhere

 

I dont know if anyones suggested this already as i only had a brief peek through the answers. But you dont have to go through insurance, now i know the accident wasnt your fault. But to protect your ncb you can deal with his insurance company directly, so you pay the for his car to be repaired (or the 50/50). But i know since it wasnt your fault you probably wont want to do this, but it is a thought if it protects you ncb it may be a better route. You would have to do your renewal sums etc to see if it is worth while. Out of principal i would fight it, but its another option