Some fart crashed into me (nearly sorted)!!!

[tailoutcharlie]

Find him and kill him.

somehow i new munky would be first to put this

[hammoj28]

Shit! Hope you get all this and your car sorted soon. These things are so easy to happen. Theres so much idiots going about who have absolutely no wits about them when they are driving. Sorry to hear this.

[Martinaston]

I would of called him a blind idiot if he started shouting and then called the police and had him breatherlised.

[HairyScreech]

unfortunatly the police dont seem to care if your under 30 (experience of having a vw slide across a rounderbout at way over the limit, push my car off the roundabout while baraking his front wheel off, and losing my no claims for it. (and if he was doing the limit theres no way he could have got the whiplash he claimed for)

[Falkster]

Find him and kill him.

Hard lines mate!!!

As Brian says it will be 50/50 unless you can convince them he was parked up and just pulled out in front of you.

Failing that follow Munkys suggestion

[munky30]

I think its a perfectly reasonable reaction.

This old fool has damaged Oakey's car... He deserves to die.

Some little chav arse-wipe knocked my wing mirror in today squeezing his bodykitted w*nk wagon (corsa) past mine, just after I sprayed the mirror. Unfortunately (for him) he didnt know I was sat in the car re-attaching the other one.

I got out, chased him down (at the end of the alley i was parked in, waiting to turn right) and told him I had his plate, could find out where he lived, and was going to firebomb his car. He looked scared for some reason and drove off very quickly.

I was surprised at this... I had judged him by his car, I assumed the 'bad boy' bonnet meant he was one of the aforementioned 'bad boys'. Turns out he was just a spotty 17year old, easily terrified by the angry paint covered (weekend spent painting my car and a mates house) man shouting at him through his passenger window.

I would follow up on my threat, but as he didnt scratch my paint I feel I have served up a sufficient revenge by making him nearly sh*t himself in front of his (frankly underage looking) 'girl'friend.

[Falkster]

Best way to sort out the youth of today mate (cant believe Ive just said that)

Sort of off topic but my security team were grabbing a young lad (about 14) when he tried to leave our store with some of our stock (he was 6 stone sopping wet and 4ft tall). He said to my security manager (hes huge) that if he didnt let him go he was gonna kick f**k out of him!

They have no idea

[HairyScreech]

hell, im only 21 and i agree with falkster, lil bastards.

maybe munkys right, kill him and make it look like an accident.

[snoops]

i wouldn't want to be involved in an accident with you munky!

[oakey]

Its not the youth, its the oldies. There behind it all!!

[B7]

The way I see it, he was stationary when you went to pass him? He then decided to pull out? Surely he should have checked it was clear? The fact you were hesitant to pass him is irrelevant surely? It sounds like you were along side him when he decided to make his move? He's pulled out and struck your car in the side? Not the other way around and you've given way to him, he's pulled accross and you've changed you mind and rammed him in the side!

I'd stick fast. Write to both insurance companies and cc him in that you are holding him FULLY to blame. Put it to your insurance company that you fully expect them to support your claim and that in no way do you accept any liability.

Good Luck and LETS HAVE SOME PICS!!!!

[boxclever1753]

just read this thread and i am going to have to join the bandwagon - it will be knock for knock... the easiest to sort and the cheapest for both insurance companies..

if you can't get him to repair your car out of his own pocket then go for totally his fault and be prepared to accept knock for knock.

[jcjdavis1]

Hi I had the same thing happen to me when I was driving my Coach.The old dear pulled into the left I indicated to pass and she turned right to go into her driveway.At the end of the day my boss said the insurance company put it down to 70/30 in his favour as I should have expected that she was going to turn right.

[oakey]

I will not accept liability for this. For the time bieng i'm going to push with the insurance to get it sorted. I have top private legal cover and I will refuse to accept fault to the end!
At the end of the day it will probably cost the bloke nothing (protected no claims and all that) to get his and my car fixed. He knew it was his fault.
It will cost me big time! 3 years no claims, large excess, boosted premium

[oakey]

It looks alot better now as ive fastened the skirt back up, before it was hanging down on the floor but it was rubbing on the wheel so I replaced the screws and its just about fastened in place. I also had to pull the arch out a bit to keep the bumper held up



^^as you can see the arch is still bent in about an inch at the front





luckily my wheel that I spent hours polishing up is unmarked

[oakey]

A new wing, bumper and skirt should sort it though. easily sorted.

[dom-1984-320i]

gutted for u mate! hope you can get it sorted without to many problems, does sound like its gonna go 50/50 tho....

[ricey46]

Devestating mate!! What was he driving??

[Rosc0PColtrane]

Looks like the old boy probably pulled this manouver thousands of times. He know's he's about to swing across the road, the rest of the world doesn't (nearly had a carbon copy of this a few years back in my A plate Audi 80 ). He's hit you twice so failed to react to the situation, I'd be quiestionning his competence to actually command a mulit tonned vehicle.

Most accident happen close to home as that's where most journeys occour. Hugely down to the complacancy of having executed the manouvers many times. Your mind is on other things, making a cup of tea, unpacking shopping etc etc.

Looks like to me, the old boy has just gone through the motions without actually paying due care and attention. If he's that old and decrepit (sp), I'd quesiton whether he actually has the range of movement in his neck to check his blind spots.

Was there other vehicles parked along the road where he pulled in?

Looks like he hit the side of your car. You were travelling with the flow of traffic along the direction of the road. He was trying to drive across the traffic and should ensure the road is clear before undertaking the manouver. He should have been aware you were behind him before even pulling to the side of the road (Mirror Signal Manouver).

I take it the road was a 30 mph limit? Travelling with a 2 second gap, he'd have to let you by to check the road was clear behind you. You'd have been virtually upon him had you not slowed to allow him to pull in safely.

In order for him to justfy pulling across you safely, he'd have had to receive an aknowledgement from you to let him cross. It's obvious this was not sought nor gained, even if he was given permisison to cross by you, the signal is not an acceptable reason to admonish blame on his part for the accident.

He has taken himself out of the flow of traffic in an attempt to park on his property. He has failed to take reasonable measures to ensure that it was safe to do so. I'd fight this tooth and nail for it not to be knock for knock.

[tailoutcharlie]

nice break down. it all boils down to this.

you should never change your position on the road without checking its safe to do so.
im starting to change my mind on this one, fight it till the end,

i just hope the insurance company doesn't butt f**k you over this

[Rosc0PColtrane]

nice break down. it all boils down to this.

you should never change your position on the road without checking its safe to do so.
im starting to change my mind on this one, fight it till the end,

i just hope the insurance company doesn't butt f**k you over this

It's how you word your arguement. Stick with it. Don't deviate. Paint your picture, hopefully what I wrote sounds convincing and a sound arguement. That sort of line is the line I'd take.

If you have legal cover (an absolute must with insurance), get the feckers involved now.

Charlie, what does the code say about taking yourself out of traffic and rejoining it?

[Loony]

Sorry to see this.I would fight it all the way.As i have said before though you have now been involved in a claim and this will probably put your insurance premium up come renewal time as you will have to declare the accident wether you are to blame or not.Another problem is the value they put on your car against the cost of repairs.Hope you get it sorted.

[tailoutcharlie]

as far as can tell, (it is in legal speak), you should be assesing the placement of other road users ay all times, if the guy pulled over, regardless of weather he decided to stay pulled over, he should be aware of the driver behind him(you) and your position on the road. when rejoining the flow of traffic he should have conducted all the usual pre-checks, including mirror signal manouver,

not having any neck muscles anymore is no excuse for a quick glance of your shoulder or even the mirror.

HIS FAULT.

can try and scan relevant pages if you want, but may be just as easy to get hold of highway code and quote the rules in all correspondance.

hope this helps

[Brianmoooore]

There's no doubt that it was the other guy's fault, but I can see you having great difficulty in getting the insurance companies interested! No harm in trying though.
Another thing to consider is that your car (depending on model) is very close to being written off, upon which, it becomes your insurance company's property and they are under no obligation to sell it back to you unless you have prior agreement on this.
No one said life is fair.

[Loony]

This is what i was getting at with ref to the value of the car.By the time you add up the cost of a wing,front bumper and front skirt then the cost of the paint and prep materials then all the dreaded labour charges and admin charges.Then how close is this to the value they put on your car which in most cases will be nowhere near the value you put on it sadly.

[oakey]

I am hoping the car wont be written off unless I can buy it back. The other knock I had was far worse and needed a new rear quarter and there was no debate as to whether it is written off.

blatantarrogance- I like the way you tell it! thanks mate.

How much do you think the insurers will value it at? It is a genuine 1987 325i sport

[oakey]

Devestating mate!! What was he driving??

A F'ing huge merc. Ive only been hit buy 2 cars both huge blue mercs and both driven by OAPs.

[oakey]

I have a nice mint front skirt at home that i was gonna put on soon and the car would have looked near mint!
oh well.... his car had more damage than mine which is a slight consolation.

[Rosc0PColtrane]

Looks like superficial damage at most?

A new wing?

[oakey]

New wing definately. New bumper-probably its well warped! the skirt is just badly scratched

[Rosc0PColtrane]

Easily repairable.

Cosmetic damage to a car that is close to factory. Get some prices for purchasing a replacement tech 1 sport to give a cost of replacement. Repair will be cheaper. It won't be written off.

Be politely firm with the insurance company. State simple facts. As mentioned, if you have legal cover, get it involved.

[oakey]

I have told th legal cover people about it and they are going to get back to me tomorow.
The insurance company said they would take my car and repair it and give me a courtesy car. But I dont want to give them my car to repair if the other party wont accept liability and I end up having to pay for it.

[driftbmw]

accept no responsiblity.

take your car to local bmw dealers for quote on repair.

after recieveing quote send to other party.

speak to accidemt exchange,

they will give you a brand new 325i sport,

till your cars repaired.

[Brianmoooore]

If it's a genuine Sport, then it won't be written off. Bit of difference between the book value of this and a four door 316!

[oakey]

I'm going to Coopers in Half an hour to get a quote on repairing the damage....
Does anyone want to guess How much its gonna be??