I Just Thought I Would Better Josh's "What a day"

[Gibson]

Went to drive to work on saturday morning in the E30, pulling out of my drive which is a bitch to see out of, but i looked right, looked left, looked straight across at the T junction, nothing in sight. so i pulled out and the next thing i know there was an almighty smack and my head had hit the window and i was pointing the other way. turns out some daft bint was speeding over the crest of the hill to the right of the drive way
she didnt brake either just pannicked and closed her eyes (my brother saw her he was walking down the drive as i pulled out)

Then at work im sat there trying to sort the insurance out, of course its my fault because i crossed her path. and i get not one, but TWO phone calls offering to buy my car for asking price off the advert on here and on ebay!!!!!!! AHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH


then i got home, the insurance company rung me to say i had an 800 excess and wouldnt see anything for my car so it wasnt worth claiming for it!

And then i went to order a curry for some good food and a film, and my bloody favorite indian has clsoed down!!!!!!!!

I feel like beating something to death with a breaker bar!

[fuzzy]

you win

[AlexBaur325]

that will take some beating, unlucky champ

[320ise]

god thats bad! is the car dead?

[fuzzy]

i assume your liable for her damage as well?thatll be the no claims gone .

[Gibson]

god thats bad! is the car dead?

Yea its a gonner.... its getting stripped today for bits... way mroe bodywork needed than it worth

[Gibson]

i assume your liable for her damage as well?thatll be the no claims gone .

Yep.... mite mean the end of my M50 dreams aswell... i was almost there


wont be able to afford to insure one now. even my basic 320 insurance goes from £700 a year to £1800 a year with no no claims and and an accident! im fucked. i gotta try and pass some of the blame onto her for speeding, with no lights on, on a foggy day, over the top of a hill, and not braking!!!! was a bloody auto aswell, i reckon she may have hit the accelrator instead of the brake (its suprisingly common) but there is no way i can prove that.... because my brother said he thinks she sped up

[gooner1]

Sorry to hear this Gibson, that,s a whole raft of shite.

[fuzzy]

get a neighbour to say they witnessed her speeding and not braking.

[Gibson]

get a neighbour to say they witnessed her speeding and not braking.

Brother is already saying it but apparently he is not a "an independant witness"

Who care who he is? he saw the daft bint not paying attention too fast with no lights on...

I mean i understand i am mostly to blame for this but i cant help but feel i did everything within my power too pull out safely and she was driving carelessly. her car was fine but she was the one who burst into tears aswell. i dont think i could have been better i stayed calm, made sure she was alright, moved my car off the road, her car was fine apart from a dented bumper and a cracked headlight. mine is fucked!

[Gibson]

In a more amusing take on the situation, i feel a bit like this bloke

[uzdubmwe30]

Sorry to hear about your car dude, but get some piccies up so we can assess the the damage!

[fuzzy]

get a neighbour to say they witnessed her speeding and not braking.

Brother is already saying it but apparently he is not a "an independant witness"

Who care who he is? he saw the daft bint not paying attention too fast with no lights on...

I mean i understand i am mostly to blame for this but i cant help but feel i did everything within my power too pull out safely and she was driving carelessly. her car was fine but she was the one who burst into tears aswell. i dont think i could have been better i stayed calm, made sure she was alright, moved my car off the road, her car was fine apart from a dented bumper and a cracked headlight. mine is ******!

thats what i mean, get a neighbour to come forward as relations dont count as independant witnesses.

[Gibson]

Piccies on the way, pretty sure the boot floor is bent and the car is only worth £800 tops so its just not worth it

[Gibson]

[fuzzy]

it is worth it if you can shift the blame to her so her insurance pays out for your car.

[Gibson]

it is worth it if you can shift the blame to her so her insurance pays out for your car.

i wont be able to... they already told me because i crossed her path its gonna be mostly my fault... mite be able to get the split even and hold onto some no claims though!

[e30bmlover]

mate im gutted for you! but it could be repaired.. saying that whats the underneith like??

[Cloud]

Just noticed this thread after seeing your new sig pic. Always liked it, since I have a Capri and an E30 as well. The damage looks cosmetic, or are there unseen breakages? Sad news about the Indian too. Somewhere different is never quite the same.

[Gibson]

Its worth more too me in bits now... i was looking to sell it anyway, didnt trust it any more for some reason, had a bad feeling about that car for a couple of weeks.

[Cloud]

Another one bites the dust.

[E30BeemerLad]

OK dude, all is not lost here...


Did the police attend?

The insurers may be taking too much of a simplistic view here on liability. The damage being to the offside rear of your vehicle shows you were well out of the driveway and probably mainly on the other side of the road when you were smacked.

Can you take photos of your view to your right as you are emerging from the driveway so I can get an appreciation of how far from the summit of the brow it is from the driveway.

It is correct that your brother is not an independent witness and this means not as much weight attaches to his evidene as he is biased.

I will have to do a quick bit of caselaw research on Monday but I think I may be aware of a case where it was deemed that the person who pulled out was not at fault due to the other party not being in sight when they commenced the manouvre and also due to the speed of the approaching vehicle, this caused the collision.

Tell your insurers they are under strict instructions from you not to admit formal liability whilst you are seeking legal advice on your position. Otherwise your insurers may steam in and admit liability to the other party and that leaves you high and dry.

[Cotty]

Not a good day

[Jon_Bmw]

Pissed for you Tom, unlucky mate.

Don't worry about getting the bits off till you are ready fella. I'm in no rush at all.

I have a similar drive that has a telegraph pole obscuring my view totally and everytime I pull out onto a major 'A' road relying on other people to give me room and not swipe the front off my car

[daimlerman]

Take good note of beemerlad's advice,he's 'in the business',so to say.Damage does'nt look too bad,few smacks with a birmingham spanner and a bit of pacerpete's favourite tool and you will not be able to tell...

[uzdubmwe30]

Take the petrol cap soleniod out of the way, lay down in the boot and kick that dent out man! Thats not bad at all.

[robbo86]

There are some roads ike that around here, cant see jack in either direction untill your windows are out past whatewver is obscuring your view, by that time you've got a good 3 foot of bonnet poking out before that. I hate those junctions.

[Bob_S]

Take the petrol cap soleniod out of the way, lay down in the boot and kick that dent out man! Thats not bad at all.

look at the rear panel, it's bent to buggery only looks straight because of the bumper but you can see under the light is bent and the light unit is twisted.
Hopefully Lee can help you mate.. if you had an is, you would of been out of there faster and if the mini had it you it would of disintigrated due to the is being made of unobtanium

[josh-hocking]

i hold my hands up ... you win sorry to here this though

[mr_dink]

the is being made of unobtanium

LOL shouldn't that be galvanised unobtainium?

Gibson gutted about the car mate, good luck in trying to claim on the bint's insurance. Sounds like you have a good chance to me.

[Gibson]

Cheers Fellas, i will give a good crack at proving in some way that i was not at fault.

the car is already in bits on my drive, it was too rotten to repair, and im kinda glad this happened now as i found some horrors under the washer fluid resevoir when i gutted it... even so im going to mourn the loss of m no claims bonus more than anything, met Hoshy from the zone today, hes a good bloke, had a few morsels of my car.

Cheers for the legal advise, thats really helpful if you could give me a hand with that, that is more of a problem at the mo than the dented car, will probably make back its value in selling the bits....

[beemerbird]

Tell your insurers they are under strict instructions from you not to admit formal liability whilst you are seeking legal advice on your position. Otherwise your insurers may steam in and admit liability to the other party and that leaves you high and dry.

This bit of advice from E30Beemerlad is vitally important. A friend of mine's insurance company admitted liability on his behalf for an incident he felt he was not responsible for. No claims out the window etc, etc

[Gibson]

Yea il be on to them first thing in the morning

[Pete-M]

That, my friend is unlucky.

I had a similar one in June..



My P38a which cost around £200 to put back to perfect.



The pretty much new 3 series that wiped the nose of the Rangie, and of my insurance policy. Irritating when I wasn't moving but I still got raped by the insurance company.

[fuzzy]

how did you get the blame if you werent moving at the time?