72 replies to this topic

[lapider]

most 4x4 drivers think they own the road

sorry mate but thats a bit out of order, you've got to understand that generally 4x4 owners which are bigger than your average car have got a bigger car with bigger blind spots and a bigger engine and is not as nimble as the mini. im not defending the guy in the skoda at all, just trying not to turn this thread into a mass anti 4x4 rally. he's probably telling all his mates that all mini drivers are a bunch of dangerous speeding adrenalin junkies who cant drive, and we know thats not true.

im not a 4x4 driver by the way

i hope Duncy h gets the pay out and the car isn't written of though, very nice mini.

[hunterg30]

i'm not going to get into a slanging match, but i will stick to what i think. i said most not all.

[Duncy H]

So if they say that it was my fault and there are no other witnesses it will likely go to a 50/50? I don't for one second believe their son saw it. If it does go to a 50/50 what will happen? I mean what gets payed out?

I can't believe if that's the case that they could get away with it. You could be in any sort of crash and claim anything then if no one else saw it. Dont know what I'd do if they got away with that, it's just not fair. The neighbours came out and had a chat and said they were a bit odd too.

[minidaves]

if your 3rd party on a 50/50 you get half the value of your car or half the repairs, fully comp, you get all the money paid by both insurance comapnies and you pay half the excess.

[maggies_minder]

if your fully comp, and it ends 50/50 your insurance pays for their damage and their insurance yours.
you both get an at fault conviction/claim on your insurance history.

[Broomer]

A family friend pulled out infront of me last year and smashed both our cars up, despite me knowing her all my life and she admitted liability the insurers have still not sorted the claims. Insurance is an absolute joke.

good luck.

[AVV IT]

An independent witness would obviously help your case, but at the end of the day it would appear that you had right of way here, and that he clearly crossed your path. Unless he tries to claim that the road was clear when he started the manoeuvre, but that you were travelling at an excessive speed and therefore collided with him (which would be incredibly difficult for him to prove, and in which case you would expect the damage to be much further towards the rear of his vehicle than it actually is), then I'd say that he's quite clearly at fault here. Plus you have done absolutely the right thing by documenting the incident so well with photo's.

Don't concern yourself too much with the fact that he isn't taking responsibility and that he is claiming it's your fault. At the end of the day, it's not up to either of you to admit liability, that's down to your insurers to decide between themselves, as they are the one's that will be footing the bill.

[AVV IT]

most 4x4 drivers think they own the road

i'm not going to get into a slanging match, but i will stick to what i think. i said most not all.

Whether you are referring to "most", or "all" 4 x 4 drivers makes very little difference. You are stereotyping many groups of different people that drive a whole range of very different vehicles, aimed at very different markets, price ranges and walks of life. Are you seriously trying to suggest that most farm workers driving their Landrover Defender workhorses have the same approach to the road, as most middle class housewives driving their BMW X5's and Porsche Cayennes on the school run, or that they in turn drive in a similar way to most average middle aged family guys towing their caravans with their ageing Shoguns and Frontera's??

Bunching the driving behaviour of "all" or even "most" 4x4 drivers together, is about as utterly ridiculous as grouping the driving behaviour of all small car drivers together!! ...Let's face it, it would be pretty inaccurate to claim that "most" classic mini drivers even drive in a similar way, let alone to say that most drivers of all small cars drive in a similar fashion!!

So if you don't want to get into a slanging match, then you probably shouldn't make derogatory & inflammatory comments, based on massive sweeping generalisations about huge groups of very different people!!

Edited by AVV IT, 28 April 2012 - 09:15 PM.

[Wilhelm]

If your insurance company get back to you pressuring you to settle for 50/50 liablity, try and push them to make him settle for full liablity as it was in no way your fault.
Go to some of the nearby houses and see if anyone saw the incident happen?

Write up a statement on here that you're going to read to your insurance company and post it so we can help you make any amendments that may help your cause, and when you call, read it off the screen so you don't miss out any important information.

[SA MINI]

I had the same situation only I was on a motorbike
Basically in cases like this it does not matter how slow or fast you were going if they pulled out on you be it drive way or junction it was your right of way so they are in the wrong. It was great you have pictures as you can now prove where you exactly we're . Also now he's contacted his insurers they will prompt him to avoid admitting liability at this time to worm there way out. Usually cases like yours will go in your favour. Though most likely stressful in the meantime until the other party accept liability. You should also draw out a picture of what happend & get the police sketch of there is one ? TO go with your photos you've taken.

Edited by SA MINI, 28 April 2012 - 10:30 PM.

[nafnaforiginal12]

Such a shame. Lovely Mini. Hope this gets sorted out soon.

[Broomer]

most 4x4 drivers think they own the road

i'm not going to get into a slanging match, but i will stick to what i think. i said most not all.

Whether you are referring to "most", or "all" 4 x 4 drivers makes very little difference. You are stereotyping many groups of different people that drive a whole range of very different vehicles, aimed at very different markets, price ranges and walks of life. Are you seriously trying to suggest that most farm workers driving their Landrover Defender workhorses have the same approach to the road, as most middle class housewives driving their BMW X5's and Porsche Cayennes on the school run, or that they in turn drive in a similar way to most average middle aged family guys towing their caravans with their ageing Shoguns and Frontera's??

Bunching the driving behaviour of "all" or even "most" 4x4 drivers together, is about as utterly ridiculous as grouping the driving behaviour of all small car drivers together!! ...Let's face it, it would be pretty inaccurate to claim that "most" classic mini drivers even drive in a similar way, let alone to say that most drivers of all small cars drive in a similar fashion!!

So if you don't want to get into a slanging match, then you probably shouldn't make derogatory & inflammatory comments, based on massive sweeping generalisations about huge groups of very different people!!

The majority of the BMW's and porches are not even 4x4 are they? its an optional extra.

just thought ide add that in there.

[Ethel]

It looks like his car is going to cost far more to fix than yours so he'll probably want to go through insurance, and if you're right that he's already reported it to them, play it straight. If he says he was pulling off his drive then it'll be his fault, fortunately those piccies will make it hard for him to claim anything else. The only issue would be if you didn't see him pull out, in that case you were going too fast as you couldn't stop in the amount of clear road you could see.

You shouldn't get wound up, not admitting liability is the right thing to do. The canny thing would have been to let him think he's right so he gives a truthful account to the insurance.

[MaxAndPaddy]

The insurance companies take the cheapest option, and sadly ''Fight it Out versus Settle Immediately'' nearly always comes out in favour of the 50/50 settlement

Mrs Max was done when stationary at the top of a junction when some wolly turning in overcut the corner and scraped against our car, she had witnesses and they still settled it 50/50

Its maddening...gutted for you Duncy hope you get this sorted soon, shes a stunning car

[hunterg30]

even if you prove you are in the right and win the case, the chances are your insurance will still go up in price