Driving accident

Hey,

I was wondering if anyone has any advice. I was hit by a van that was pulling out of a junction and he’s clipped the back of my car as he’s not seen me when pulling into my path and I’ve tried to swerve him. At the time he accepted full liability, even signed an agreement with a garage that he recommended in the first instance to say he would pay for damages (nothing signed by myself). He’s now refusing to pay and wants me to pay for his van too, rather than claiming on his insurance. I have let my insurer know when the accident happened but I don’t want to claim as I would rather get it fixed and not affect any NCD. What can I do? The garage he signed an agreement with want to take it down the legal route, but I just want it fixed and nothing to cost me as it wasn’t my fault

Reply 1

DataVenia

Volunteer Team, Clearing and Applications Advisor

21

Original post by Misssmith99

Hey,

I was wondering if anyone has any advice. I was hit by a van that was pulling out of a junction and he’s clipped the back of my car as he’s not seen me when pulling into my path and I’ve tried to swerve him. At the time he accepted full liability, even signed an agreement with a garage that he recommended in the first instance to say he would pay for damages (nothing signed by myself). He’s now refusing to pay and wants me to pay for his van too, rather than claiming on his insurance. I have let my insurer know when the accident happened but I don’t want to claim as I would rather get it fixed and not affect any NCD. What can I do? The garage he signed an agreement with want to take it down the legal route, but I just want it fixed and nothing to cost me as it wasn’t my fault

Unfortunately, there is already a cost to you. When insurance companies calculate the risk of insuring you, they factor-in the number of accidents you've been involved in, typically over the last 5 years or so. When they do this, they pay no attention to whether or not you made a claim or whether or not you were at fault. So when you next take out car insurance, with your current company or a new one, the premium is likely to be higher. (Try going into a comparison web site right now to get some quotes, and to see what questions you're asked about previous accidents you've been involved in.)

If the van driver won't pay-up, you can't force him to. You have two options. Pay for the repairs to your own car yourself, or make a claim against your insurance. As you have a note signed by him where he agrees to pay for damages (thus effectively admitting responsibility), your insurance company may well be able to successfully claim their costs from his insurer.

By the way, I assume your policy doesn't come with protected NCD?

Reply 2

StriderHort

21

This worry right here is why you don't go behind your insurers back and make agreements you have no way to enforce. As above this has already cost you money, no getting away from it, Pretty common for drivers at the scene to give it the big 'I'll pay this/I know a good garage' talk then to reconsider their options when they get home.

In terms of liability I'm a bit confused, you say he pulled into your path but hit the back of your car?

Reply 3

Admit-One

Universities Forum Helper

21

Original post by StriderHort

In terms of liability I'm a bit confused, you say he pulled into your path but hit the back of your car?

I'm assuming they were on the way past a junction and the van has hit their rear quarter somewhere.

If so, quite how the van is going to claim this was the OP's fault is beyond me.

Reply 4

Misssmith99

OP

5

Original post by Admit-One

I'm assuming they were on the way past a junction and the van has hit their rear quarter somewhere.
If so, quite how the van is going to claim this was the OP's fault is beyond me.

Hi,

Yes he was pulling out at the junction and pulled out as I was going past and hit my car at the back, spinning the car round. I tried to swerve as I saw him going but caught my rear end anyway. At this point as it’s his fault I’m claiming the costs of the repairs through insurance

Reply 5

StriderHort

21

Original post by Misssmith99

Hi,
Yes he was pulling out at the junction and pulled out as I was going past and hit my car at the back, spinning the car round. I tried to swerve as I saw him going but caught my rear end anyway. At this point as it’s his fault I’m claiming the costs of the repairs through insurance

That's fair enough, I was just curious.

Reply 6

Zarek

21

The best thing to do is to pass this over to your insurance company to resolve

Driving accident

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