Hit by a car

Discussion in 'Off-Topic Discussion' started by Jungle Jane, Dec 6, 2014.

  1. ARMANDII

    ARMANDII Low Flying Administrator Staff Member

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    "so have only a few bruises and a busted front wheel"
    .

    I think JJ will agree that a few bruises was a lucky escape, "M", but not worth continuing the trauma of claims and counter-claims that would ensue if further action was taken so "no injuries" referred to more serious injuries other than bruises to her limbs, body and Pride . To be honest, "M", it could be counter productive to now report it to the Police who as I said before would be more interested in why the incident wasn't reported at the time. It could result in a less than sympathetic reaction of both parties being charged with a "failing to report an accident".......not the kind of "constabulary and their protocols" relationship that JJ would want.:dunno:

    Actually, it would. In the world of Insurance there is an "understanding" between Insurances to do deals without consultation with the involved parties in cases of equal blame .......and it usually ends with both parties being penalised. But in this case, unless JJ is, herself, insured whilst cycling she could only claim against the other party's insurance and since JJ admits it was partly her fault any claim would be turned down by his Insurance Company and would have no validity.:dunno: Of course any claim by JJ would initiate an retaliatory claim from the other party......both going no where but with JJ being placed in the position of possibly being not insured and open to civil action, and so not worth the resulting stress.:dunno:
     
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    • NorthantsGeezer

      NorthantsGeezer Total Gardener

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      The only winners are the insurance companies in my experience.
       
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      • shiney

        shiney President, Grumpy Old Men's Club Staff Member

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        Hi Victoria, :)
        None of what I said was a falsehood. It was based on the information given by Jane and was worded to put her part of it in the best light.

        Her description of the accident in the first post says nothing about her brakes failing and the impression given was that she didn't have time to do anything. (Although, later on, she mentioned that her brakes failed she now says that the brakes were still working - as she tested them at home). This backs up the impression that I got of something happening too fast for her to register it.

        A lot of people seem to be under the impression that the driver backed out of his driveway when she clearly states that the front of the car hit her.

        ARMANDII, thanks for the clarification of what's happening nowadays.

        I'm not advocating that Jane should claim but saying how she could go about it if she wished to. Remember that Paul Boateng's guidelines to the police don't absolve anyone of responsibility but mitigates them to some extent. Having said that, Jane should have walked her bike along the pavement if the road was dangerous.

        Although I don't have the legal experience of either Victoria or ARMANDII I do have forty years experience of fighting insurance companies :heehee:. Whether the law is on their side or not, they will still decline responsibility - at first. In this particular case, based on what we have heard, I would have been quite certain of getting a positive result, but would have advised only to go for it if they felt strongly enough. I'm opposed to litigation for litigation's sake.

        Just for info:- I have never charged for the help I gave, have handled over 100 claims and appeared in court (on both sides) over forty times, and have a 100% record. Just because a person is somewhat at fault doesn't mean to say that the other side wasn't at fault. The result with insurance companies is based on the degree of culpability.

        One of the cases I handled (a car park barrier dropping onto the roof of a car) was, at first, rejected by the insurance company as an 'Act of God'! In brief, they claimed that the barrier had been serviced regularly and, therefore, they had fulfilled their obligation. I didn't even need to put up much argument in court as all I said, as a fairly loud aside to the car owner, "I didn't know that God worked in a car park". :doh: :heehee:
         
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        • Scrungee

          Scrungee Well known for it

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          If you put a mirror up round here, the refuse collectors will push a wheelie bin into it and smash it.
           
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          • clueless1

            clueless1 member... yep, that's what I am:)

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            That's because most claimants blindly accept the first thing the insurers say. The following is not just speculation, this is based on more than 10 years in the insurance industry, writing the software that insurers use.

            Inside the insurance company, there are multiple 'layers' of people you can encounter. When you make a claim you will encounter the first layer. Barely trained claims handlers that do nothing more than take some basic details from you and record them in their claims system. At this point some software will apply various predefined rules, and come up with either a recommendation to make an offer, a recommendation to reject, or a recommendation to request further details (I'm oversimplifying, but that's generally it). A team of junior claims adjusters will work through the lists of what the software has recommended, cast a casual eye over each case, and choose to either accept what the software suggests (based on its predefined rules), or do something else. If they accept, then it goes into the system, the system will automatically print the letter telling the claimant what's happened (or add the case to a list for the call centre staff to call the claimant), and then the majority of claimants will accept this first decision, then its a case of settling up and case closed. If the claimant does not accept, then the fact that the claimant did not accept is recorded, and the system uses that new information to re-evaluate the case based on its predefined rules.

            So that's the general gist of it (oversimplified of course). So what are these predefined rules? That various between insurance companies and even policies. But generally, based on statistics from previous claims, there are is a banding of offer value based on the stage of the offer and the likelihood of it being accepted. The offer value at each stage is some fraction of the estimated amount they'd have to pay out if the case went to court and the court ruled in the claimant's favour. Again, oversimplifying: Lets say you make a claim for £1000. Keeping it extra simple, lets say it meets all the criteria to guarantee that some offer will be made. So you make the claim for £1000. The computer applies its predefined rules and bandings, and it might recommend to the claims adjuster that they make an offer of £100, because, according to its stats (lets say) 90% of claimants accept the first offer. The system will have set a 'reserve' for the full £1000, meaning that £1000 has now been set aside by the insurance company in case they have to pay the full amount (again, oversimplifying, because in reality they would also set a reserve for estimated legals costs and various other bits). That means that if you are one of the 90% that accepts the first offer, you'll get £100, the insurers get to reallocate £900 (£1000 reserve minus £100 payout) which is good for the underwriter's reserve fund and ultimately their profit. Now lets say you don't accept it. Now the system has to move you up to the next banding. A slightly more well trained claims adjuster will pick up the case at this point, but the software will still make the recommendation to them. Some predefined rules will say that of those that get to the second offer, only 60% accept, and the only place after that is the court, which is costly. The goal then is to try to increase the ratio of people that accept the second offer, while minimising the offer value. Clever software does this based on calculations based on stats, but the claims adjuster (as the job title suggests) has the ability to adjust the figures based on their discretion, having spoken to you and gauged your tone. They can still only make an offer within a range defined by the software, or they can refer the case to someone with more authority to overrule the computer, as indeed they will have to do if you stick to your guns and threaten to let it go to court.

            The insurance companies, like any of the Guild Of Thieves members, are driven solely to maximise the amount of money they can take off you and keep, so they don't like paying out. They have become very specialised in the art of milking people and have a pretty good understanding of human nature. Their data allows them to pit cold logic against the erratic and irrational thinking of someone who by the the very nature of situations that result in a claim, may not be thinking clearly. Its an unfair fight, and its the only reason the insurers always win.
             
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            • shiney

              shiney President, Grumpy Old Men's Club Staff Member

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              @clueless1
              Thanks for the clear info.

              Although I have fought insurance companies I have also come across some that have been helpful and agreeable.

              Sometimes I've got all my arguments together and been prepared to have a struggle with them and been pleasantly surprised when they have agreed without argument. This happens more often when I phone them and chat to them before sending in the written claim. It helps when I start the conversation with something like "I'm representing .... and I'm going to try and save you money by being as reasonable as possible".
               
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              • longk

                longk Total Gardener

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                Whilst you're at the bike shop get some decent brake blocks for the front wheel. Before fitting the wheel clean the brake contact area up with a spirit based cleaner or meths. Basically you are aiming to be able to do an "endo" if needs be.
                 
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                • NorthantsGeezer

                  NorthantsGeezer Total Gardener

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                  @clueless1

                  I wasn't very clear in what I meant when I said they are the winners. I was just off to work, so had to be quick.
                  I can see what you are saying totally. The point I was trying to make was the same as yours, that many people just accept an offer without fighting.
                  Is that me?? Not a chance! :snork:
                  Let me explain further.....
                  When I hit a bus many years ago, the driver said it was his fault and told me to park up. We both parked our vehicles, and then he said it was my fault.
                  Like in Janes case, the angle of damage was proof enough for me to be confident of a win.
                  To cut a long story short, the insurance company said 80% his fault, 20% mine. I said thats rubbish, and it just means we both lose our no claims. I said it couldn't be my fault because I had the right of way (a dual carriageway). He said it was a decision from the claims manager and he has never known him to be wrong.
                  I replied that he must be in this case, and I am taking this one to court!
                  They phoned back after 10 minutes, and said '100% his fault'. :thumbsup:
                  I said 'So this is the one time he has been wrong then?' . He said 'He is usually right' :lunapic 130165696578242 5: Yeah.......'RIGHT' :roflol:
                  I just thought to myself that both companies would have been quids in if I had accepted. I won despite the fact that the bus driver had a 'witness'!! I asked him what he had seen? He said 'the bus was pulling out of the bus stop layby and I had come down the road and hit him. Which was pretty much true. I said 'that suits me just fine'. The thing he didn't say , was that the bus (doing a coach service), was actually dropping off in the wrong drop off point, and was in fact doing a U-Turn!!!
                   
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                  • ARMANDII

                    ARMANDII Low Flying Administrator Staff Member

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                    You've obviously got some unhappy Refuse Collectors where you live, Scrungee!!:hate-shocked::heehee: On the lane at the bottom of my garden there are two houses that use mirrors to help them exit their driveways without any incidents...so far!!!:dunno::snork:
                    One blindingly obvious thing I forgot to mention about JJ's incident and the driver in the car was that if the driver was aware of not being able to see out of his drive when exiting it he should have used his passenger to guide him out and make him aware of any dangers. The fact that JJ was a cyclist [wrongly on the pavement] is irrelevant, in that context, as it could have been a pedestrian he might have hit when emerging from the driveway unguided. I often see, when driving around locally, people, taking care, standing in the middle of the road to stop traffic and let a car exit safely from their driveway.:coffee::snork:
                     
                  • NorthantsGeezer

                    NorthantsGeezer Total Gardener

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                    I wish I could, but the mirror would be smashed that same day I expect. Its a small but busy estate, and it just wouldn't work. I also get people parking opposite the drive, but not really a problem now there is just my car on it (drive is 2 cars wide).
                    I have seen those mirrors used, but mainly in the countryside/little villages in the sticks.
                     
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                    • Scrungee

                      Scrungee Well known for it

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                      Unfortunately, our LPA is granting PP for where that is not possible, I'll take a pic and post tomorrow, as I've been sitting indoors all day waiting to receive an elderly disabled neighbour's delivery.
                       
                    • pete

                      pete Growing a bit of this and a bit of that....

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                      I think from the, "bike on the pavement point of view," is that its likely to be travelling faster than your average pedestrian, unless of course the cyclist has dismounted and is pushing the bike.
                      We have lots of crazy bike tracks around here, some where they are shared space with pedestrians, but there are always signs to that effect, equally when that ends, as it often does, there are signs saying"cyclists dismount".
                      Of course none of them do, but that dont make it right.

                      Arn't those wide angled mirrors made of plastic?

                      There are a few road junctions I can think of where a mirror would come in handy, but the local authorities dont fit them, in many cases its a matter of edging out until you can actually see, particularly with the roads being littered with abandoned/parked cars.
                       
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                      • Victoria

                        Victoria Lover of Exotic Flora

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                        It's very common here to have mirrors to see when exiting a driveway or lane ... at the expense of the person wanting to do so, but it is cheap enough if one wants to see where you are going or what may be going to hit you ... :love30:
                         
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                        • westwales

                          westwales Gardener

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                          Jane, I hope you feel better now.

                          Regardless of who was at fault I would guess that the amount which could be claimed by either party is unlikely to be more than their excess and almost certainly would hit their next premium.

                          Unless you exchanged details at the time Jane ,whereas you do know where the driver was at the time and assuming that he lives there, you have a way of identifying him, he does not have your details and therefore doesn't have a way of contacting or identifying you. On that basis I think you can assume he won't be taking this further either.

                          Usually following any incident, especially resulting in either injury or damage, it's human nature to want to absolve ourselves and so blame the other party but most accidents are just that; a combination of two events which could have been avoided. The positive consequence is that most people adjust their behaviour to avoid a repeat in future. The negative consequence is when the need to blame is pursued and no-one learns anything.

                          Best wishes, I think for your own wellbeing you've made the right decision to learn and move on.
                           
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