??????? I was doing WHAT at the time of the accident??? - update

[sharonmarais]

have received letter from solicitor of the person who hit my car.....

am intensely outraged at one section of the letter...see if you can guess which part

"We are instructed by the above named to claim damages in connection with a road traffic accident on Monday the 27th of October 2008 at around 18:20. The accident took place at

Comments

[sharonmarais]

Oh I am passing it all on.....but it still pisses me off that he claims I was SPEEDING

since I was only just emerging from a car park and had travelled precisely 5 feet before he hit me.

guess that;'s all part of the game
:(

[jackieville]

Arseholes!

*squishes you*

[sharonmarais]

thank you

me Speeding!!!

total of 7 mph and five feet travelled before being hit.
hmm

[lorelei633]

Unbelievable. They're trying to make you sound like a menace to the great British public!

It's a money grab, that's all it is. I don't know how the whole insurance thing works over there but make sure you have a copy of the police report and if they're going to play hardball like this, maybe you should consider talking to a solicitor.

*hugs* I'm sorry you're going through all this. As if you hadn't already suffered enough from the accident as it is!

[sharonmarais]

yup that is just about the size of it... all to get more money.

my insurance company will deal with it all but it just makes me angry that the man is claiming I was speeding!!!

[lorelei633]

Can you prove you weren't? What does the police report say? I know here when there's been an accident with injuries the police come out and take measurements and mark on the pavement and document everything. They can tell how fast you were going by the tire marks and the damage, etc.

[sharonmarais]

Police man documented everything...he didn't seem too impressed with the chap driving the other car but he acted fairly and impartially.

I know I am probably overreacting it just annoys me that it all has to be so bloody combative.

[hollyilex]

Go back to the accident site as soon as you can, or get a friend to do it, and take pictures. Lots of pictures. Concentrate on showing the distance from the car park to the road, the size of the car park (to show you couldn't have had room to accelerate to a silly speed) and the view from the car park of the road (especially if there are any signs, hedges etc. which might have impaired your view). Then counter-claim that *they* were, in your opinion, travelling too fast (not the same as speeding) and that you have the injuries to prove it. If there is a police report, that might help.
It doesn't actually say you were speeding, only that your speed was excessive - if you're pulling out of a car park, anything above a couple of miles an hour could be argued to be excessive as you have to stop and look.
It's all part of the game that is claiming off your insurance company. I think they are all of dubious morality.

[sharonmarais]

I might just do all of that.

and stopping and looking was all that I was doing...if I had been going faster I might have been out of his way when he hit me....or he would have hit the rear of my car instead of the front wheel.

However after nearly two weeks since accident there won't be any physical evidence on the road....and of course it was dark when the accident happened and I'd have to take pics in daylight.

The insurance company have the Police report already...

yeah it's all a big game..what a pile of poo. :(

[hollyilex]

Most digital cameras will cope with taking pics at night, but any obstructions to visibility will show up better in a daytime picture. Did he have his lights on properly? That's something else you could cast doubt on - either that they weren't on dipped headlights or that they were dirty and therefore not as bright as they should've been (although this might be covered by the police report).

[sharonmarais]

I can't get to that place at night without a car.... that's the problem.

yes his lights were working fine - and I still say his indicator was on as well, but of course by the time I got out of my car (struggle opening the door after the impact) he had his hazard lights on.

I should think the police report will cover everything that coudl be covered given that no witnesses stayed and it's just down to what we both said to the policeman at the time and the state of our respective cars and the road.

His car had a dent in the front passenger side wing and his front number plate was broken in half.

My drvier's side door was damaged , the driver's side front wheel was stove in, and the bonnet bent up, and there was oil leaking from under the engine.

Ah well it's no use worrying about it all, apart from telling it like it was and letting the insurance company take care of it I can't do anything else.

thanks for the good advice hon

[betagoddess]

Damn! How dare they? =<{

I'm sure there is no way they can prove you were speeding. Good think you got a police report.

I'm sure your insurance agents will deal with it. I can understand why it makes you so angry. Grrr.

::hugs::

[sharonmarais]

it's awful the way it all makes you feel....I know I've done everything correctly and I know that the insurance company will deal with everything and that I will probably come out of it all with no car and no money...but at least a clear conscience....yet at the moment every contact makes me feel so anxious and out of control. I really really hate the insecurity it induces.

HUGS

[betagoddess]

I'm so sorry this had to happen to you! =<{

::more hugs::

[sharonmarais]

me too.

'm sorry it ever happens to anyone - I'm sorry the other person's car was damaged and he probably also had shock...

just wish it was possible to go back in time and undo it all.

:(