Crashed my 35is
- Thread starter Zforbes
- Start date
That’s a tough break for the OP but it fails to get my sympathy I’m afraid. You need to leave enough braking distance between you and the car in front to account for other’s stupidity, especially these days and also especially if you’re driving in the capital of the world’s most impatient drivers - The Netherlands.
Hope it’s a lesson learned. Might sound harsh and apologies for that but there’s never an excuse for running into the back of someone if both your eyes and car’s brakes are working.
Hope it’s a lesson learned. Might sound harsh and apologies for that but there’s never an excuse for running into the back of someone if both your eyes and car’s brakes are working.
It was not a scam was it with the car at the front deliberately braking to catch those out behind causing the rear end, this is happening all the time and traffic islands are the location of choice. I was scammed in my works van last year and when I started taking pictures for evidence the two Eastern European individuals tried to take my phone off me and I ended up in a punch up but they got back in there battered 5 series and were never seen or heard of again.
Thanks for all the comments and opinions - all are valued and welcome.
A bit of further detail, the roundabout this occurred on in image below, it's not a typical roundabout as the left hand lane doesn't need to stop and the lady in the front car didn't. She stayed in the LH lane until just before the exit and then swerved severely to continue round to the right, it is clear on the road that indicates direction of travel so changing lanes with other traffic in them is not really acceptable and that was then the scene of the accident. There wasn't any slowing or slamming on, just an erratic lane change without checking it is clear.
Will she be given the blame, probably not as usually the simple rules apply. To be fare if it's my insurance payout or not, my insurance will go up a bit and I'll have tp pay the excess. Not end of the world and lesson learned
I will be annoyed though if bad driving is not punished.
A bit of further detail, the roundabout this occurred on in image below, it's not a typical roundabout as the left hand lane doesn't need to stop and the lady in the front car didn't. She stayed in the LH lane until just before the exit and then swerved severely to continue round to the right, it is clear on the road that indicates direction of travel so changing lanes with other traffic in them is not really acceptable and that was then the scene of the accident. There wasn't any slowing or slamming on, just an erratic lane change without checking it is clear.
Will she be given the blame, probably not as usually the simple rules apply. To be fare if it's my insurance payout or not, my insurance will go up a bit and I'll have tp pay the excess. Not end of the world and lesson learned
I will be annoyed though if bad driving is not punished.
North West Surrey
Sorry to see that photos of your P & J Zforbes. 
I still remember how I felt when I went into the car in front of me in my Capri 2.8i in 1987 when the car in front had to brake sharply becuase a pedestrian had wandered into the road and I was briefly distracted by a fit looking young lady!
Even though I worked in the Claims Department of the Insurance Company that insured my car I had to take that one on the chin, but the layout of the roundabout above may give you a chance of arguing liabilty.
But the main thing is I hope you can get your car repaired to a good standard.
Personally I doubt I'd want to keep it if the insurer makes it a Cat N or Cat S because that will show up if anyone does an HPI check on it in the future, or if your advertise it on Autotrader (and possibly other places).
I still remember how I felt when I went into the car in front of me in my Capri 2.8i in 1987 when the car in front had to brake sharply becuase a pedestrian had wandered into the road and I was briefly distracted by a fit looking young lady!
Even though I worked in the Claims Department of the Insurance Company that insured my car I had to take that one on the chin, but the layout of the roundabout above may give you a chance of arguing liabilty.
But the main thing is I hope you can get your car repaired to a good standard.
Personally I doubt I'd want to keep it if the insurer makes it a Cat N or Cat S because that will show up if anyone does an HPI check on it in the future, or if your advertise it on Autotrader (and possibly other places).
Sympathy, accidents happen, we are only human after all. Cars can be fixed
I can certainly imagine plausible situations where the person that crashes in the rear of another vehicle is not at fault, nor the vehicle in front that is hit for that matter. Multiple lanes, cars in separate lanes and a reason for one to swerve which could be an animal, debry or another vehicle.
Insurance would likely pursue shared responsibility as they can charge excess per policy. Use the police report to, if possible and reasonable, to avoid paying your excess
I can certainly imagine plausible situations where the person that crashes in the rear of another vehicle is not at fault, nor the vehicle in front that is hit for that matter. Multiple lanes, cars in separate lanes and a reason for one to swerve which could be an animal, debry or another vehicle.
Insurance would likely pursue shared responsibility as they can charge excess per policy. Use the police report to, if possible and reasonable, to avoid paying your excess
They usually say you should always keep enough distance between you and the car in font to brake should they perform an emergency stop.AndyBeech said:Gutted for you mate, never nice to see. Looks repairable though and probably not as bad as it looks.
Don't really understand the incident from what you've said but...hate to say it, if you go into the back of someone the insurance company will almost certainly not find in your favour.
I think you have cause to argue the case on liability here, if she has swerved from the sweeper lane into the right hand lane then she is liable, you need the driver of the third car to back up your story.
Regardless of fault, I will live with the decsion, sh!t happens and it's done so cant change that.
Made a call to AXA insrance and logged a claim, described what happened and they are claiming against Car 1 in the incident, will see what the result is in my claim.
Meanwhile I took photo's of the car as requested for the claim and filled in the form. As soon as I clicked send I recieved return message with another form to complete. Wasn't happy as it was from Copart asking me to book a collection, knowing who Copart are and what they do I rang back my insurance asking them why Copart. (for those who dont know Copart deal in Insurance write off's)
Apparantly, due to the age it automaically assumed that my car is going to be a write off, I paid £15K for this car with 50K miles, a lot of money for a 10 year old car but I can't replace it for the money I paid so in my opinion, 53000 miles 2010 35iS with a decent spec & history a very fair price today.
Car is going to be collected on Wednesday for assessment and IMO £5k at the very best garage with BMW parts will sort it easily, no water leaks, no driving faults, purely bodywork. Becasue of this I'm going to do my best to make sure it is resurrected, if witten off I'll have to work out if it's worth it. I know the car is not sigificantly damaged so would be happy to drive again although acknowlege if it's CAT whatever I woud have to sell at a significant amount below market value when Im done so numbers will have to work
Made a call to AXA insrance and logged a claim, described what happened and they are claiming against Car 1 in the incident, will see what the result is in my claim.
Meanwhile I took photo's of the car as requested for the claim and filled in the form. As soon as I clicked send I recieved return message with another form to complete. Wasn't happy as it was from Copart asking me to book a collection, knowing who Copart are and what they do I rang back my insurance asking them why Copart. (for those who dont know Copart deal in Insurance write off's)
Apparantly, due to the age it automaically assumed that my car is going to be a write off, I paid £15K for this car with 50K miles, a lot of money for a 10 year old car but I can't replace it for the money I paid so in my opinion, 53000 miles 2010 35iS with a decent spec & history a very fair price today.
Car is going to be collected on Wednesday for assessment and IMO £5k at the very best garage with BMW parts will sort it easily, no water leaks, no driving faults, purely bodywork. Becasue of this I'm going to do my best to make sure it is resurrected, if witten off I'll have to work out if it's worth it. I know the car is not sigificantly damaged so would be happy to drive again although acknowlege if it's CAT whatever I woud have to sell at a significant amount below market value when Im done so numbers will have to work
I hope this gets resolved in the way you want, I would be gutted if it was written off and they offered nothing for the car as a write off
Thanks for you concernsOle gits rule said:
I have 2 different issues here i want to resolve
1. blame - I want justice to prevail, either way wont make much difference financially
2. This is my P&J and I want to be driving this or another 35iS equally as good ASAP, these are current classics and not easy to replace.
On another note, the IMO guilty party are insured by "New India" insurance - AXA had never hear of them but accept they are valid, anybody on here had dealings?
With regards to legality of who's to blame for the accident, personally I can't see how car 1 can be blamed. If what I read correctly, car 1 decided to move to enter the roundabout but then didn't and you subsequently rear ended car 2? In which case the blame lies squarely with you. In all my years driving I was always taught that if you rear end someone you are to blame.
Silverstar said:
Not quite that simple.
Car 1 stayed in the left hand lane which is only a LH turn off according to the road markings but abruptly turned right between a van (dont think I previously mentioned but didn't stop) and the car I hit with no space to make that move. For me this is a driving error which myself, car 2 and the police attending believe was at fault. The only reason I rear ended car 2 is due to this stupid move which is what I'm bitter about. quote the policeman who attended "if there was any inuries I'd be prosecuting the lady (car 1) for driving without due car and attention" another quote was " 2 out of 3 versions of events match (car 2 & me car3) therefore car 1 is at fault. I have the incident number and he stated he would give his opinion on what happened. Not saying this is a result, I couldn't stop and hit car 2
theoutcome is the picture in post 1My insurance company has put a claim in against car1 and I just hope they do call the policeman in attendance for his version - if this is quoted then justice should be done.
I must also note FWIW car 1 was indicating left before turning right :thumbsdown:
I'm not holding my breath though
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Zforbes said:
Not wanting to p!ss on your chips here bud but I’m in agreement, Copart is not a good sign. If it was getting repaired it’d be the garage allocated the repair that’d be calling you.
When my daughter had an accident last year in an almost new car the approved/assigned garage phoned to arrange pick up. As they were 85 miles away I had a quick chat with them they asked me to send some photos, 45 min later phone call to say written off. Within another few hrs Copart on the phone to arrange collection. Looks like your insurance has decided to skip authorised repair estimate. I wonder if they’re solely basing it on the age of the car??
I share your pain knowing how much time and effort you put into getting it :thumbsdown: