Not a good week. First we find out our lovley Boxer Dog who is 12 has cancer in her foot, then today to celebrate my blokes birthday, we decide to go out for a meal. On the way a car goes to turn in front of us, so instinct made us swerve to avoid him which we managed to do but ended up ploughing into a wall!! :rant:

The front and 2 side passenger doors are knackered, so much so I think the car will be written off. Fortunately no one was injured, our 3 year old son was safely in his car seat.

Our insurance company says that although the other car caused us to hit the wall, because we didn't actually hit each other it will be us who have to pay and the man who caused all this walks away with no problems. It's our insurance and no claims up the swanny.

I don't suppose anyone knows a decent garage that will let us have a courtesy car as our insurance won't give us one.

This has not been a good week.:(

Thats bad news, sorry to hear.

Ive just got my first car, with my partner, only a 1.6 clio, but insurance is £935!!

my excess is £600!

Hope i dont come accross that driver who came your way, because i will be in so much trouble!

Good luck with garage, sorry i dont know any. x

My sympathy goes to you in both respects.

It's so frustrating when decent ,honest people fork out insurance money only for insurers to find a way of not actually paying out :(

The man who caused it was really apologetic. He was a soldier who had only been back from Iraq a week and was based in Germany.

As he was saying how sorry he was I said do you want me to make you feel worse? Then I told him it was my blokes birthday and we had been told yesterday about our Dog having cancer - he was nearly in tears!

I suppose the main thing is no-one was hurt but it is annoying that so as not to cause injury to the other driver we swerve and end up paying. The man actually said you would have been better hitting me! I thought don't tempt me!!!:hihi:

sad news. anyway, you need a repairer, give BMW Bridgegate Chesterfield a ring. PM me and I will give you the specifics.

It's a blessing you are all safe and well. Whilst it is infuriating that this guy gets off scot free, look at the alternatives....

The police would have been interested in investigating if somebody had died. You are so lucky that this is not the case.

I sympathise greatly. I ran into the side of a car tanking through a 30 zone at 50, whilst I was trying to pull out of a junction near a blind bend. Apparently it was my fault (according to the insurance company) even though I had an independent witness. (and we won't mention the roll up he was smoking when he got out of the car)

I am just grateful nobody was really hurt. The outcome could so easily have been different, and I didn't have a child in my car.

Thanks - unfortunately my bloke has just told me we have to go to an approved garage by the insurance company and they have only given us one choice so if they don't supply us a courtesy car I'm stuffed!!

If that's the case I think I will tell the insurers I need a car and will ask if I can take it to a garage of my choice if I give them the details of the garage but I doubt they will let me do that, that would be to kind an act for them!

I am tempted to give the man who caused this a ring and ask him to pay for the cost of hiring a car for me but think Ive got more chance of winning the lottery. :mad:

Originally posted by Ally68
It's so frustrating when decent ,honest people fork out insurance money only for insurers to find a way of not actually paying out :(

You must have been panicked when it happened dawny1, I suppose that's why they teach you the "emergency stop" and to go against the instinct to swerve ... there's always the danger of losing control of the vehicle, lucky no-one was standing by the wall at the time. "instinct made us swerve to avoid him which we managed to do " maybe next time try it with just one of you holding the steering wheel :D

If there's an insured risk, an insurance company HAS to pay out. But say, for instance, you don't pay to have fully comp, or NCD protection and a policy that allows for you to have a courtesy car ... well, you do then have to pay for any damage caused by yourself to your car, or if you do have fully comp, claim and lose some of your NCD and you won't get a courtsey car ... simple common sense really. (i've come back and edited this and it still doesn't seem to say what I wanted to say, but you get my drift? I hope!)


You could argue that insurance costs are too high for some people to afford all these "extras" but that's another argument altogether. Like pdrnsf has said, especially for younger drivers, the cost is prohibitive and the excess sometimes would make it jsut not worthwhile to claim and risk losing NCD.

Hope your dog makes a full recovery, will she have to have an op or some other treatment? One of my dogs had a cancerous tumour on her shoulder at the same age and came through ok living another 4 years ... don't give up hope.

We are fully comp and thought we could get a courtesy car but was never told it was an extra £12 on the insurance which we would have gladly had if we had known.

Thanks for letting me know about your dog - that sounds encouraging for us because she is otherwise very healthy. She may have to have a toe removed but we have to see how far it has spread first. It could spread quickly but hopefully it won't.

I'm sorry to hear about the accident and your Dog. It's really not a good time for you at all is it?

Insurance companies are a joke. It drives me mad to think of what it would cost me if I had an accident. Mind you, I was nearly involved in one yesterday, through no fault of my own. The moor gate roundabout at 7.15pm was the location... I was turning right, towards the moor, coming in from bramall lane r/bout. Stupid man in green car decides he can get out before me and realises his engine wont go from 0-60 in a millionth of a second and there ya go. I can't say that experience told me to perform the emergency stop as I've only been driving since Jan... It was just common sense. I gave him some serious horn and made sure everyone on the roundabout saw what he'd just done... He daren't make eye contact. We both got home safe and sound but it shook me up as I'm such a careful driver and I don't deserve to have frights like that! Anyways, glad I got that one out. And if the man in the green car who pulled out on me is reading this, be very ashamed. You'll be in a coffin soon if you carry on with tricks like that. You won't be taking me with you though! GRRRR!

Hope some good news comes soon. It won't be on the insurance front, I'll tell you that much. Hope your dog makes a full recovery.

Were you the correct stopping distance behind? I assume not? (not having a pop btw)

If he admits that he turn infront of you without warning they may well except some of the blame.

Insurance companies will always say you will be held at fault because unless the other driver admits it (which they normally don't do0 or you have witnesses you have no way of proving it.

Could be worth getting some legal advise. if you have legal expenses cover on your policy 9and you really should take it out0 you can call them and see what they say.

He was travelling towards us and just as we were nearly the at the side of him he turned slightly then corrected himself causing my partners reaction to swerve to the left into a country stone built wall.

We told our insurance company exactly what happened and although the other driver admitted he caused us to swerve he is still not liable to pay anything as we didn't hit eachother.

I'm afraid we will just have to count our blessings that it is just the car that is damaged. :(

Dawny,
You have my sympathy for your distress.

Has this incident been reported to the police?
I am assuming that damage was done to the wall. If this is so, then you are required to report it to the police.
The owner of the wall is entitled to the costs of repair. Currently, as you describe the incident, this would come from your insurance.

Without witnesses it is extremely difficult to prove, but the oncoming driver who has stopped, given you his number etc. could be guilty of driving dangerously, without due care or some similar offence. (although, I assume that with police involvement, he would change his attitude and story)
Were this to be proven, the insurance liability would transfer to his company.

Incidentally, I pay an extra premium to protect my "no-claims discount" and have found it well worth it. Do you not have this option?

Unfortunately we have not protected our No claims. We have decided to go to the Police Station for advice this morning.

I don't think they will be able to do anything, but as you said the other driver was driving without due care and attention so its worth a try, we have nothing to lose.

Will let you know what happens. :thumbsup:

Update. Just been to police station and was told because the other drivers reaction was a contributory factor in causing the accident our insurance company should be able to claim off his.

Our insurance is therefore going to try for us but they have said they don't think it will work.

I suppose we have nothing to lose by trying but I have an awful feeling it will be us with the bill. It actually looks as though the damage to the car will cost more than it is worth so it could even be wriiten off.:(

And yet the strange thing is, I was driving past a parked bus which suddenly pulled out without the driver looking (no indicators) when he did see me he slammed on the brakes and one of the standing passengers fell over.

The bus company deny responsibility and guess who ends up getting sued for compensation, loss of earnings etc.....

I no longer have the car and therefore not insured for it, but my old insurance company say that they are going to settle the claim and then send me the bill.......good luck !