Last night, I was involved in a shunt.
The Jag - oh, my once-beautiful Jag - now has a deep caved-in section down the driver's side that will probably end up with my having two new doors. A car heading out of town hit me as I queued on my way into town. The car that hit me is totalled. Most importantly, though, no-one was hurt.
The accident happened when the Escort that hit me was nudged into my side by a Peugeot that didn't stop. The blame lies with the Peugeot driver, but they are gone and probably untraceable. In light of this, does this now get settled knock-for-knock? As far as I can see there are two ways ov viewing this:
1. The accident clearly wasn't my fault (I was at a standstill on my side of the road in a traffic queue). It wasn't the fault of the Escort driver.
2. However, an equally valid way of looking at it is that from my point of view the Escort hit me, so I have a claim. Brutally, what caused the Escort to hit me is the Escort driver's problem.
Does anyone have any experience of this type of situation? Which viewpoint won out?
I want to stress that I'm asking out of interest more than a desire to press my case. All I'm really bothered (and very pleased) about is that no-one was hurt at all.
V
PS Dynamic Dave, all it took was a good motive to post!
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"ov"?
Oh, for an edit button. Or an ability to proof read *before* posting.
V
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sorry to hear the tale of woe.......presumably you'll have to go through a Jag approved place to keep the paint warranty
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Sorry to hear the pride and joy is hurt, but as you say, at least nobody else is. Didn't anyone get the reg number of the car that didn't stop? It always amazes me how unobservant people are in situations like these.
You should report it to the police so that they can investigate the car that didn't stop. I don't know enough about insurance to say whether it will go 50/50 but it would seem that it's more the fault of the car that hit you. Years ago when I hit another vehicle because I was compromised by a lorry with a blowout, that lorry didn't stop and everything came off my insurance.
(By the way, there's a preview button, but no spell check or edit - sorry!)
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"You should report it to the police so that they can investigate the car that didn't stop."
The Police had to come along to try to move her wreck. It really is a write-off. They pointed out that the CCTV in that area doesn't work after dark, so they were stuffed without a number. How useful is that?
The woman who was hit by the Peugeot was busy counting limbs rather than looking at the reg and the other drivers around either didn't get the number or didn't bother to stop to let us know. It's amazing how quickly potential witnesses evaporate...
V
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"How useful is that?"
I stress this refers to the CCTV, not the Police, who were unfailingly polite and helpful.
V
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2. However, an equally valid way of looking at it is that from my point of view the Escort hit me, so I have a claim. Brutally, what caused the Escort to hit me is the Escort driver's problem.
............. is the way I would think your insurers would look at it, the problem that it is in the insurance industry's collective interest to settle knock-for-knock because it facilitates an increase in premiums from both drivers over a few years.
Sorry to hear about this though a blessing no injuries.
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Thanks, Cheddar, you've reminded me of a pertinent point - both of us share the same insurer.
The plot thickens.
V
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Your claim is against the car that hit you;her claim is against the car that hit her-if it could be found-it probably will be found-around a corner 800 yd. down the road.It was probably not insured,which could be the reason they did not stop.Her claim in that case is against the MIB(motor insurer's bureau).
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Knock for Knock is nothign to do wiht the blame, splitting the blame or anything else to do with the blame. It is merely an agreement between insurers to pay their own AD costs whoever was at fault.
In what way was the Escort negligent or responsible for the accident ? If the Escort was not negligent and not liable for the incident, then why should she accept responsibility ? and why would her insurer pay ?
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I've been in a similar situation when my car was parked outside an Indian restaurant. Someone was reversing in to the space behind mine and as it was half way in to the space a bunch of scroats in a stolen and cloned car hit the parking car on the rear door and it was pushed in to the rear of mine.
Despite being heavily damaged the stolen car drove off and was never found. Both parties had to make claims on their own policies, its a bummer, but that's what insurance is for. Needless to say I now park in the restaurant car park.
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"Her claim in that case is against the MIB(motor insurer's bureau)."
She will be lucky to get anywhere. If she's fully comp they won't entertain a claim. If she is not injured they won't entertain a claim. If they can't trace the other driver they won't entertain a claim.
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Sorry to hear of the mishap.
Best let the insurers sort it, handy if you're through a broker, rather than just a call centre, in this situation.
If they do start being 'funny', don't forget that your HOME insurance policy, usually has Legal Cover - even if the MOTOR policy doesn't.
Then you can start solicitor letters & potential court action, without breaking the bank!!
VB
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My wife's made a point (I'm hijacking my own thread here).
Is it my ownership of a Jag that's started me using fighter pilot phrases like "Pranged" rather than "Wrecked" or "Crashed"?
V
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My wife's made a point (I'm hijacking my own thread here). Is it my ownership of a Jag that's started me using fighter pilot phrases like "Pranged" rather than "Wrecked" or "Crashed"? V
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wait until you've had the blighter for some years old chap, you'll be able to come out with spiffing yarns then.
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