[Roadmincer]

Hi folks,

Was caging it in January of this year, pull up to a junction, lady rolls back and hits me. She starts to drive off, I beep and flash the lights, she comes back, I say 'you've just hit me' she says 'ah but no damage, can we leave it?'.

Not so fast thinks I, lets just call the guards to make sure there won't be any surprise claims for injuries (as there was once in the past...). Am chatn the cops on my phone, she comes up and knocks on the window 'can I speak to them on your phone?'. 'No' sez I 'call em on your own phone'. Wind up the window, 35mins waitn for the cops.

They show up, she turns on the waterworks, cops start to walk her over to my van. I roll down the window, hand over my licence, tell em she rolled into me, even manage to work out with the cop that she didn't reverse (coz no light came on) she just didn't have it in gear or whatever and it rolled back. He sez 'what you wana do?' I sez 'don't mind, I'm happy to leave it if she wants to, but I'll go ahead if shes disputing it'. After we manage to stop her blubbering, we finally get her to say she wanted to leave it. She drives off, then me, then cops.

Called into copshop yesterday, asking for all my driving docs. Shes claiming for injuries (apparently copshop got some correspondence from her, haven't seen it yet). Cop takes my details and sez he'll forward all to her and he gave me her details. Specifically told by cop 'go into your insurance company and tell them I took no notes as to the incident that evening, and no accident was reported'.

So now I'm up siht creek as I have no witness to the accident, t is now my word against hers. Insurance company also found it strange that cop took no notes and said should they go seek a statement from cops there won't be one. I also asked the cop was there any point in me calling them? No answer.

What I should have done, is called them, MADE SURE THEY TOOK THE NOTES (have to their job for them aswell), reported the accident, maintain that I have an injury (whether I do or not) and go through all those channels, and then (only then) would I decide whether or not to go ahead with it (which I wouldn't have, coz I'm not a scumbag, no matter how lucrative it may be).

Its up to the insurance company's now, but should I have another tip the above is the action I will take (regardless of who is at fault) to ensure I'm not left vulnerable to a claim. Regardless, now that an accident has been reported to the insurance company, the premium goes up, whether they pay out or not. I've got her details and am reporting all to her insurance company too.

Sad state of reality but there it is.

RM

[Hanna]

Unbelievable what people are out there! Do you know what type of "injury" is she claming for? More speechless makes me the cop that didn't take notes..... And he is getting a salery for that kind of commitment to his job???

Sorry to hear you got in such kind of trouble. Hope it gets sorted. I'd be interested to hear what the outcome is. Hope you get sorted to your satisfaction!

Hanna

[Jem]

Unreal - cheeky little b*ch!!

Even more unreal is the fact that you had gone to the bother of calling the cops and they didn't even take notes!

Hope you get sorted, please keep us updated

[Zx10 Rick]

sorry but it kinda sounds to me that you caused your own siht storm? Was she not willing to let it all go in the first place. Not that im defending her sihtty action that were to follow. I hope it works out for you.

[PurpleC]

Unbelievable, the neck to drive off, ask for your phone, the water works and then the claim of injury. Jesus christ almighty, I'll have to stop typing or the word filter will be working overtime with the amount of expletives I'd like to use.

Keep us posted Roadmincer, I'm sorry to hear this news

[JayMurray]

http://www.insurance...tClaimForm.aspx

[Tazzzie]

I rear ended a merc some time ago it was a tip, but yer wan wanted the guards. I called them and they said sure were not coming out if no one is injured.

I dont know what they are supposed to do to be honest. Anyways, someone did come along, they were chasing a scumbag down the street
When they caught him yer wan called a guard over and he said the same thing.

I reported it to the insurance (on the off chance she'd claim because she said she had a sore neck - more like a long neck and was trying to stretch it out a bit).
It didnt affect me in the long term as I have no claims protection. Best 60 quid I ever spent.

Check your policy RM, you might have the protection or step back built into it ?

[gramps]

Bas**d B***h, just after some cash to buy some more summer dresses, at your expence. They try anything to make some cash. (dont mean just women). Good luck with it mate.

[Twinkle toes]

Was this in Sligo?

[Roadmincer]

@Bent Helmet - Yup

@Zx10 Rick - Well, way I see it she could have taken the same action if I had just let her drive off. This happened in my previous experience hence calling the fuzz.

@Tazzz - No claims protection for my particular policy i.e. commercial vehicle. Had thought of that alright after the last time, maybe take it to the European Court and plead discrimination, never know, lol.

My friend made the point of how did the cop know how to find me, he didn't take notes yet was able to find my mobile phone number...

Ah feck it, its not me who loses in the end, more the collective, I was assured by my ins company they'll fight it though. Can't fault em really.

Cheers folks,

RM

ps; @JayMurray - I did hear that phone number on an ad on the radio (shortly after last experience). I rang and was basically sympathised with, but no details taken and just advised let insurance company handle it. Thanks though.

This post has been edited by Roadmincer: 16 March 2011 - 05:32 AM

[Blade RR]

What a complete toe rag bit*h.

Get a decent solicitor if you are not comfortable with the insurance companies. Take stock, write everything down as it happened and get a time of the call to the Garda. Also, try to reach the Gard who was at the scene. If she was all mumbling and stuff she wouldnt have shown any injury if outside the car. And tellling you she was in shock is horse sh*t, a cop would know the difference at the scene.

Also, check to see if there are any steet cameras, they will paint a better picture.

Best of luck with it. SHe is probably in there before you so you may just say forget about the whole thing, who knows.



(edit: spelling)

This post has been edited by Blade RR: 16 March 2011 - 08:41 AM

[Kelpie]

The cops wanted your docs yet had no notes on an incident??

Talk to the Chief Inspector. This doesn't sound right to me.

[cb1]

Just goes to show you should try to go by the numbers espically nowadays with so many claims.
Could she claimed after even though she drove away, nothing reported forcing you to settle?

Just goes to show you should try to go by the numbers espically nowadays with so many claims.
Could she claimed after even though she drove away, nothing reported forcing you to settle?

[The Law]

man.......If ya gonna use the rules...use em all to protect yaself..no matter how sweet the other party is...on the other hand...if ya dont wanna use the rules...just carry a shovel for a spot of gardening , hope it works out for ya......

[Linda]

Feel for you I'd certainly ask to see the Chief Superindent he's only supposed to give out your insurance details not your mobile number thats for one.Secondly as you ph'd the Gards there should be a record of your call, your insurance company should be able to chase that up. It was also wrong to say that the accident was unreported what was he doing there if no-one reported the accident! Personnally if you don't get a good response from thr Chief Super then consider a complaint to the Ombudsman.

As for that B**ch I hate that sort of attitude may she get piles

[Roadmincer]

Short update - seems its all kicking off, received a solicitors letter requesting I accept responsibility and notify them of my plans as to compensation (?) for yon lady. It would appear a bluff is being called and a scare tactic is being used to try and force some sort of settlement for an accident she caused!

I won't comment until after its done and dusted, I would imagine some solicitors are going to earn a lot of money in a very short time.

Ah well, silver lining fer some I spose,

[jamesobrady]

Jesus thats mad....would have though guard not taking notes, as no accident was reported by either involvee at the scene, is in your favour. As will be your statement in reply to the solicitors letter( i assume) that you called the guards precisely as it is the second time someone has tried claim for false injuries on you.
As the guards were there, and she didnt want to report an accident...surely its obvious her "injury" is no more than an afterthought to get back at you for delaying her and causing her upset.

Anyway best of luck with it. If theres no physical damage to either vehicle, how did physics put enough force into her body to cause her physical injury ? Laughable.

[Norrie]

I have to agree with ZX10 Rick, You brought this upon yourself ringing the filth, she's only getting her revenge. You should have let it go when no damage was done.

FFS, the polis are a last resort, you should never talk to these cnuts unless you have to.

[Kelpie]

jamesobrady, on 22 June 2011 - 04:06 AM, said:

As will be your statement in reply to the solicitors letter( i assume)

There is no way I would reply to the solicitor's letter myself, if it were me. They're very clever and the law is convoluted and the slightest slip up will put you on the back foot. Either ignore it or get a solicitor to reply.

This isn't a legal summons after all. They're just chancing their arms.

[Roadmincer]

Firstly, thanx Norrie, I'll have to remember to make sure theres no witnesses or documentation as to the incident at all next time, very smart. Coz we're all so bloody decent and go around telling the truth at all times especially when it comes to RTA's. I wasn't responsible for this accident, I was covering my own a55 by calling the cops to ensure that if further action was to take place (like now for instance) that there was at least some involvement from the people who may act in a fact related and unbiased manner. So I couldn't call up my mother and say 'hey, wudya come and witness this one accepting liability fer me?' coz naturally shes biased in my favour. And yeah, the silly cow was gna drive away anyway, what was to stop her from claiming at a later date if I had let her go (she has 2 years under the statute). Surely, I'd be completely screwed right now if I didn't know that there was an entry on a cop database stating that we agreed not to take any further action in relation to the incident, that she was uninjured and that generally things were quite transparent up to her decision to try for compensation.

And I was prepared to let it go, following the looky by the cop. I wasn't suggesting something extreme, all I wanted was that she wait the 30mins that it took the cops to get to the scene to have a look, take some notes and have us both agree to no further action. This isn't revenge, this is opportunism and manipulation of the system thats supposed to deal with this (which would have been easier had I not called the fuzz). Dunno what logic you and Rick are following, I get what ya mean by inciting the action, but she drove into me, I ain't thinkn about what she wants. If you have alternatives they'd be handy...

And yeah James, that was generally the reasoning, from the previous experience. Regardless of whether she experienced any injuries, shes responsible and I don't accept the liability for any of it. The sol's letter threatens the PIAB, however she never produced a letter of claim which must be done within 2 months of the accident (all I got was the O'Byrne letter, and that was 5 months after). She can go the court direction then but she runs the risk of incurring significant legal costs if she loses (as do I). I have been assured by my insurance company after showing them the small amount of damage on my vehicle (rim of licence plate broken) that they can ascertain whether the vehicle reversed into me or I drove into it, which would help quite a bit really. It'll be the insurance company replying to them anyway, more than likely not consenting to a PIAB assessment (the course of action when contesting liability).

And I get ya Kelp, it is just a bluff game, I'm just trying to see what consequences there will be for her if she is proved to be lying. Doesn't seem to be any which makes her a completely rational individual i.e. taking advantage of the system in its current state for financial gain by fraud. Sumthn to aspire to I'm sure...

Anyway, enuff words wasted on what isn't even bike related. The next post will be the outcome hopefully, maybe next year, heh,