advice-3 storey car park crash

Discussion in 'Off-Topic Discussion' started by rosa, Jul 15, 2006.

  1. rosa

    rosa Gardener

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    went out shopping this morning parked top floor car park did my shopping paid and descended down.
    got to 2nd floor was driving down ramp looked left no car there and drove forward to the right to exit, crash a little car had hit the corner front end of my car it is all scraped but no dints.
    we exchanged addresses etc he called me saying that he had contacted his insurers and because they wanted �£475 he didnt have the money and it would be best iff he claimed from my insurance i told him it was not me to blame and he should of when he came from bottom floor up ramp he should of checked and give way to his right. I honestly think he was driving far too fast up the ramp and never checked to his right when i was coming down the ramp. does any member know car park regulations.I have contacted my insurers told them i honestly dont think i was to blame for the crash and i have got whip-lash been to my doctors he has put me on pain killers, have decided to take things further as he has an r reg car and mine is just 2 years old and iff it was going to go through my insurance i would have to pay �£250 excess which i am not prepared to do.
    Any advice would be greatly appreciated :(
     
  2. Daisies

    Daisies Total Gardener

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    Rosa - so sorry to hear of your incident. It's a horrid thing as I know from personal experience and stresses you out no end! First thing is to be thankful that no-one was seriously hurt and remember that - at the end of the day - cars are just things and apt to get damaged!!

    Homily over, the facts are that car park 'regulations' are much the same as highway regulations. It depends who had right of way and sounds as if that was you. The ages of the vehicles are of no significance only in that it seems that the other chap has no money so it might be difficult getting anything from him.

    But you stick to your guns and leave it in the hands of your insurers. That's what you pay them for. Don't you agree to claim off your insurance and distance yourself from any further contact from this guy. You tell him that in future any communication is to be through your respective insurance companies.

    And get a medical check on that whiplash - you might be able to claim damages for that as well! I know people who have. Also, do you have a No Claims Protection on your insurance? It's well worth the extra.

    Hope you feel better soon. I also hope that your car is not too badly damaged and things get sorted soon.
     
  3. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Hi rosa

    Amateur advice. Fill in insurance claim form and state quite clearly that it was the other person's fault. don't even hint that you are unsure of it. I'm sure that as you think back on the incident you will remember that you came down the ramp, looked carefully to the left (you have already said that you did) and there was no car coming. So you came out from the ramp and this other car came very fast from the up-ramp and drove into the front wing of your car. He was travelling too fast and came out without looking.

    You want to claim for the damage to your car and for your injuries. If he says that you admitted coming out in front of him (he is sure to say that - they always do) you deny it.

    If you pay extra on your insurance for legal help with your claim then make sure you use it (it is usually about �£10 extra on the premium and you may have paid it). If you have paid your insurance through a broker then the broker should also give you advice. If you have paid your insurance direct to the insurance company they won't give you much advice but still ckeck if you have the legal cover.

    Sometimes insurance companies can't be bothered to argue the case and that is when you get the 'knock for knock' situation with both insurers agreeing to split the liability. This means that your insurer pays for your repairs and their insurer pays theirs. You will then lose some no claims bonus and have to pay the excess. Refuse to accept liability for his damage and check how much the damage to your car will cost to repair. If it is not much then you may decide to have it done yourself.

    I always fight these sort of things myself but it depends on you being persistent and not giving in. It is likely that if you try to claim for your injuries then your insurer may not give in to their insurer so easily. Tell your insurance company that you don't want them to agree to anything without consulting you first. They may try to say that they can't do that but try and insist on it.

    If you need to write any letters and are not confident on how to do it then email me and I shall try to help.

    best wishes
    shiney
     
  4. Daisies

    Daisies Total Gardener

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  5. rosa

    rosa Gardener

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    thanks michaelmasdaisy and shiney when i spoke to my insurers told them it was not my fault as when i looked there was no car to my left and when i slowly pulled of the bottom of the ramp i just felt a big impact and saw that car, he was definately driving too fast up that ramp and i was pretty certain he should be given way to his right he said i should of stopped.
    I called my brother last night and he also said that guy should of given way to his right he reckons he must of been driving fast from the bottom floor up the ramp and iff he was going 5mph he would of seen my car coming down the ramp as it is quite a bright blue.
    I have called my insurers this morning because i have whip lash they are passing it over to their legal expenses team as i am covered for it.
    I am not giving in to this guy will fight to the bitter end on this one, he reckons i should of stopped at the line i dont think there is lines at bottom of ramps going with a friend this morning back to the car park to have a look.
    this guy lives in a not so nice area i just hope he does not cause trouble but i know a lot of people iff he causes any trouble and iff he calls me again i will say to him i have no wish to speak to him that my insurers are dealing with it to contact his insurers.
    He is with rac dont know how they have come up with a figure of �£475. i guess he is just third party would you guys reckon this.
    I have to go to the docs monday morning to fill out some forms for my insurers.
    My hubby is working off-shore told him last night when he called me he is quite happy for our insurers to deal with this and he said as long as i am ok apart from the whip-lash.
    The car is not too bad a scratch on the light and it is all sratched and scuffed underneath on the sport bumper obviously where his car slid into mine that really told me that he was going to fast up that ramp, he was probably talking to his wife and daughter was in the back seat and she was not strapped in the back seat as i noticed the little girl standing up.
    Its a carry on all this but the insurers will deal with most of it and i had already told them i am not accepting responsibility for this accident. My insurers said there is a �£250 excess but they said they will get his insurers to cover this. legal team are calling me monday.
     
  6. papajo

    papajo Gardener

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    Rosa, the fact the somebody was injured means that the accident should be reported to the police within 24 hours of the accident, well that what I have been told, but Scotland might be different. It might be worth notifying them. If there was contact with anything else in the car park, wall etc then tell the police that. Also if you went to A&E of your own free will to get checked out, you may received a bill from them. Make sure that you pass everything on to your insurance company and don�t try to deal with anything yourself. Hope you feel better soon. You have my sympathy.
     
  7. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Hi rosa

    It's good that you have legal expenses cover. Their job is to fight for you and to recover any excess. They are not always quick or efficient at it but leave it to them. If they come to a conclusion that you don't like then you can argue with them, but that is unlikely in your case.

    I once had an argument with insurers when a car park barrier came down on the roof of a friends car. The NCP insurers claimed it was an 'act of god' because they had the barrier serviced regularly and my insurers agreed with them. I said that I didn't know god worked for NCP!!! After a lot more arguing they eventually paid up.

    Although you are going back to the car park to check whether there is a line across the bottom of the ramp I don't think it is all that important. Whether it is there or not you definitely stopped at the bottom of the ramp anyway - and should say that when you fill in your form for the insurance company.

    If he does phone you, don't say you have no wish to speak to him. Just tell him that the insurance company is dealing with it and they have told you that you musn't talk to him. If you asked the insurers they would tell you that anyway. That means that you can be quite pleasant on the phone but you are putting all the blame about not talking about the accident on to the insurers.

    good luck
    shiney
     
  8. rosa

    rosa Gardener

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    Went back to the car park today there is definately no lines at the bottom of the ramps but what i did notice before you even get to the ramp there is a sign give way to the left could this cause me problems.
    I know for a fact i did stop and look left then drove forward and was just turning my wheel to pull out when then the bang. There is a speed limit of just 5mph which i wasnt even doing down that ramp as today i did excactly the same when i pulled out a car came up that same ramp behind me no problem which i have done on numerous occasions at the same multi-storey car park.
    I honestly think he was going fast up his ramp as to be honest i looked at his angle and how he did not see my car pulling out it is unbelievable.
    I did notice though there is a thick white wall which would create a blind spot.
    saw the parking attendant and he did say he wished i had gone to the office after it had happened they do have close circuit in operation he is going to have a look at it but did not hold out much hope as he said they come up dark and it would not show him very much and would not show him who was to blame.
    He asked me iff i stopped at the bottom of the ramp which i said i did and always do before i move on.
    the motor legal expenses team from my insurers are contacting me on monday so lets hopeeverything is ok will let you guys know.
     
  9. Webmaster

    Webmaster Webmaster Staff Member

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    With regard to 'pulling out' on someone else, if you were pulling out responsibly, you cannot be prepared for a car travelling at speed coming out of nowhere.

    Where there any witnesses ;) , I am sure you may be able to strengthen your case this way.


    Nathan.
     
  10. UsedtobeDendy

    UsedtobeDendy Gardener

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    Agree with Papajo - report the accident to the police. I've been in an accident where someone drove into me and caused me whiplash - I know how it hurts (and doesn't show up at the time, but next morning - and then with a vengeance!) So good luck, girl!
     
  11. rosa

    rosa Gardener

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    I quite agree with you webmaster when i had pulled out to take a right turn he should of been watching his driving ahead of him and when i went back to the car park today i walked them steps from where he was driving and honestly speaking he should of seen my car as you know an audi a4 is not a small car. I watched cars coming down that ramp the same route i was taking and i could not miss seeing them.
    I think he is trying to pull a fast one as he said that rac told him to claim off my insurance and i told him well thats very nice of them but we have to pay �£250 excess so i will be dealing with my insurance company and he will be hearing from them.
    Unfortunately there was no witnesses just typical isnt it, I have expected him to be on the phone as i will be waiting for his call.
    My hubby called today his immpression was if only he had hit the back of our car but as i pointed out to him its not as iff i was driving towards his direction i was driving away to the right and he hit me but this guy for some reason thinks i hit him, just say for instance i drove straight ahead with this intention my car i would assume would have dints in it not just a few srapes and why would i do this to our 2 year old car, which i love and love to drive, this has sickened me to the core. As you and bananaman and others know we have lovely cars there is no way i would deliberately drive into the path of another vehicle as what he is insinuating, he must be crazy.
    Thanks for your input i just hope everything works in my favour as i am worried sick about the whole event.
     
  12. rosa

    rosa Gardener

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    oh by the way i dont think i can report the incident to the police now as it is past 24 hours or can i still after the event does anyone know as it will be 48 hours by tommorow morning
     
  13. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Don't know about the police but you can try.

    When you get your claim form from the insurers they are likely to ask you to draw a diagram of the cars when the collided. I assume you will show that the front offside corner of his car hit the front nearside wing of your car. Therefore he ran into you.

    You stopped at the bottom of the ramp saw nothing was coming from the left or emerging from the other ramp - otherwise you would have given way - and then proceeded because it was safe to go. As you emerged from your ramp his car came out fast from his ramp and hit you.

    Best wishes

    shiney
     
  14. Liz

    Liz Gardener

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    Rosa, please try not to worry too much about this accident- your insurance company will sort it, that is what they are for. When you have filled out your claim and written down what happened,perhaps it will get it off your chest and the weight off your mind.
    Take your little madam out for the day [​IMG]
     
  15. rosa

    rosa Gardener

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    thanks liz everyone is so sweet and understanding and shiney he hit the front corner of my car as there is a scratch on the glass light and below on the sport bumper there is just like skid marks and lines some of my paint is worn off.
    I have been driving for 25 years this is just my 3rd accident in all of that time the first wasnt my fault years ago the 2nd was just 2 month ago no one else involved now this, i have always been a careful driver.
    My back is really hurting me and as predicted it is now going into my shoulders will go and take some of my painkillers.
    Thanks for everyones concern, much appreciated
     
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