What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
Ford Fiesta - Fatal, non-fault, crash - Badbackdave

Hello hopefully someone here can help, as I'm on the verge of being car-less, jobless, very depressed and stressed.

I've had my license for around 12 years, cover 25,000 miles a year and never had an accident until I was involved in a non-fault accident which lead to a fatality at the scene.

What happened;

I had stopped, and a motorbike had stopped behind me, the car behind us failed to stop (from 40mph in a 40mph zone) pushing the motorbike into the back of me. The motorcyclist suffered fatal injuries and died on the road. The driver of the car, had confessed to me at the roadside and in his original statement to the Police at the roadside he had been reaching for a drink causing him not to notice us stopped resulting in the collision.

As a result of this the police have taken the vehicles involved as evidence until after the trial.

Problem;

Third Party has admitted liability, and I've had a hire car for 28 days. Niether third party or my insurance company or my soilitors will pay anymore for a hire car due to the duration that my car is with the police is undetermined. Have said it could be either months or upto a year upon which they will release it after the trial.

I now, through no fault of my own, face having no car for up to a year. I am fully comprehensive (SDP and Business Use) yet do not have courtesy car cover, the accident also occurred on my journey home from work, it is my own car not a company car.

I can't afford to pay for hire or purchase one that is fit for the task, my current car is on finance/lease, which I still need to pay. I face losing both my two jobs as I can't get to either of them without a car. Feel as though I am being prosecuted due to someone else and there poor driving.

All I want is a car so I can do my jobs. Is there anything I can do, both my insurance company and soilitors have said the samething, so looks like I'm going down stream fast without a paddle.

Ford Fiesta - Fatal, non-fault, crash - monian

Firstly can I say how sorry I am about your predicament. My thoughts also go out for the innocent motor cyclist and his family.

Do you have legal cover on your policy to pursue a claim against the OP or his insurance fir a hire car?

If the driver made a statement of responsibility to the police then the case won't be a trial and will therefore will be heard sooner rather than later in Court with a guilty plea.

Ian

Ford Fiesta - Fatal, non-fault, crash - Badbackdave

Hello Ian and thanks,

Yes I have legal cover and they have basically said the samething that having a hire car or replacement car for the duration is an expense that the third party is not willing to cover as due to the unknown time restraints it could amass costs into the thousands.

Police have said it will go to the magistrates office and he could be charged there, however if he pleads not guilty, which is unlikely, it will go to the crown court. However its been a month already and no news of even a date for the hearing yet. Most likely outcome will be Death by Careless Driving.

Dave

Ford Fiesta - Fatal, non-fault, crash - gordonbennet

You'd be best buying a cheap banger to tide you over, this could be a very long winded situation.

Ford Fiesta - Fatal, non-fault, crash - Dwight Van Driver

From what posted I cannot see as to why Plod should retain the vehicle unless there is some specific evidence they want to preserve to trial and not apparent to me at this time.

In view of the gravity of the charge they will be preferring i.e. death by dangerous or careless driving they may be being super careful.

One should consider a face to face with supervisory officer/CPS to establish just why they are retaining bearing in mind the problems this is causing.

Something nudges me to think maybe this is in Scotland where different rules may apply???????

dvd

Ford Fiesta - Fatal, non-fault, crash - Rumfitt

I was also unfortunate to be involved in a non-fault fatal crash. An 89yr old gent had come out of a side road into my path, and never recovered consciousness - he wasn't wearing a set belt.

There was the full fatal accident investigation, here in Scotland. My insurance company weren't much help, but they did suggest I contact the third party's insurer and make a claim direct with the third party's insurer. They refused to accept liability and this rumbled on for three months. The police were helpful and kept me informed, and there was no suggestion afterwards (unlike at the time) that I was to blame - I was driving a Porsche, so conclusions were always going to be drawn...

I needed transport immediately so I bought a cheap banger in the meantime - I was of course still paying a sizeable amount for the relatively new Porsche. I was worried sick at the time, but I was equally determined not to rack up claims management car hire bills - eventually putting up the cost for everybody, with their inflated charges.

I never received any specific word of the police report, but after I had signed a 'statement of fact', the third party's insurer contacted me to compensate me 'without prejudice'. Everything was agreed on the phone, and I was very happy with the figures. I was given a generous settlement which paid off the loan and gave me a deposit for the next car, as well as reimbursing me for three months of costs and running the banger. They also paid for physiotherapy.

Once they paid out they sent me a formal letter fully admitting liability.

An acceptable end monetarily to a terrible incident. However, I have to declare this accident for 5 years and I have definitely been paying higher premiums as a result.

Ford Fiesta - Fatal, non-fault, crash - slkfanboy

A very sad tail indead. I would ask a claims management to see if they will sort you out.

I been without a car in the past and even with Car cover I was still stuck because the cover only last 28days less with some comapnies. My only luck was the the car hire company continued at the rate they charges the insurance company that was much less than I could hire a car for.

Ford Fiesta - Fatal, non-fault, crash - Rats

Surely the third party's insurance company are obliged to keep you on the road, clearly they don't want to pay for something that could be open-ended, BUT it is their client at fault and you are one of the innocent parties that are now put in a position that you weren't in before their client caused the accident.

Maybe a consultation with a solicitor, or a letter to the third party and/or their insurance company saying that you hold them responsible for the accident and that if they don't return you to the position you were in before the incident you will take them to court. This will often focus their minds as you will probably win in court.

The fatality is a tragedy, however you need to disassociate your claim from this.