I was rear-ended (again)!!! What\'s my legal position and any witness?
Date: 31 Jan 2004, Saturday
Time: 20:15
Location: At the traffic lights on A4 (London-bound) at the Chisick Roundabout.
Car 1: My blue Nissan QX
Car 2: Other party\'s black BMW 320d
I was stationary at the traffic lights on A4 (London-bound) at the Chisick Roundabout. I stopped, checked my mirror that the car behind also stopped, and looked forward.
Then the car behind drove into the back of me. Three Asian got out and immediately accused me I lurked back towards them. I know I cannot lurk backwards because my car is an auto in D and I was sitting on the brakes to stop is it rolling forward.
They did not want to give me details, they were aggressive and one of them sworn and verbally assaulted me. I called 999 as I was scared and locked myself and my friend in the car.
The police arrived and took details and extracted information from other parties. It turned out that the other parties does not own the car.
There are small scratches of 5mm in length at the bottom of the bumper to the car.
However, I dislike being verbally assualted and the anti-social behaviour. I also doubt I would have got the correct details from them if I did not call the police.
What should I do now?
I believe I do not have to make a police statement as the police was at the scene. Am I correct?
Garrison
{Numberplate ID\'s deleted for legal reasons. DD}
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For a start - you shouldn\'t be putting car reg\'s online. {Correct, which is why I have deleted them. DD}
If the only damage to your car is 5mm scratches, then I wouldn\'t bother, it\'s really not worth the hassle.
If the bumper was hanging off, and you had whiplash injuries, then it would be a different story.
Watch out, however, for these guys claiming you did just that to them, so you might want to inform your insurance company of the incident - to put this on record.
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There has been cases where supposed accidents take place-usually low speed things, and the car who hits another contains a number of people. These people then claim personal injury from insurance co's etc.
Just be careful that there isn't more to this than meets the eye.
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Gazza,
Sorry to hear of yet another nasty experience for you.
All I can do is reinforce what has been said already - inform your insurance company immediately, and supply them with the names, numbers and home stations of the attending officers.
Good luck and I sincerely hope that the worst does not happen.
Cheers
Rob
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Yes - can't say in this case but this sort of thing is a well known scam. IIRC not so long ago an entire family was done for staging dozens of fake accidents and making numerous false insurance claims (whiplash etc.) amounting to several hundred thousand pounds. I wouldn't be surprised if this turns out to be the case here. Also, sad to have to say it, but if you'd have been doing the verbal abuse bit you'd very likely have been banged up by now so well done for staying in control despite being the victim of what sound like some real scumbags.
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Oh and BTW this sort of thing is on the increase and your experience may well prove very valuable to some around here so please do keep us informed of what happens, especially if it turns out that the other parties involved start making dodgy claims against you whether they be motoring related or not. Best of luck Gazza!
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I would have thought that a rear-end shunt would be pretty useless as an attempted insurance scam. If you drive into the back of somebody it's usually assumed to be your fault, isn't it?
Mind you they could be as thick as pig droppings, I suppose.
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Lughole - Firstly they are claiming Gazza reversed into them and secondly you can still claim for injury whether it's your fault or not.
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Volvoman:
M'point was that to get a successful claim against the driver in front they'd have to prove that he reversed into them, which seeing as a) he didn't, and b) he's hardly likely to agree that he did, leaves them without a claim against him...
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>>secondly you can still claim for injury whether it's your fault or not.
Who from ?
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Your own insurers ? I bow to your knowledge of the insurance business Mark but what about the passengers in the second car - are you saying they can't claim for any injury because the driver of their car was to blame?
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No, but you can't claim that someone else has if its your own fault. You would have to claim from whoever was deemed "at fault".
And if its the fault of the driver of the car you were in, then you're certainly not going to be claiming from another vehicle.
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Agreed Mark - but the fact that they don't ultimately claim from Gazza doesn't mean the whole thing isn't/wasn't intended to be a scam. They may well decide to try it on with injury claims from Gazza's insurance and then (if for example a witness or CCTV contradicts their story) claim for their injuries from their own insurance - if they have any. These claims can run into £0000's so why not still go ahead with a false claim even if your original target turns out to be in the clear? Sure, they're not going to be able to repeat the exercise too often but if they've just been 'unlucky' here that won't matter will it.
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Agree with ND about the abuse if it was racially offensive. It'll be interesting to see just how seriously the police do take it though.
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Thank you very much for your kind replies. To the questions above,
1. The police has established at the scene that the other party was at fault as they drove into the back of my car. There should also be CCTV at Chiswick Roundabout as it is a major junction.
2. The assualt was racially and nationally offensive.
I shall inform my insurance immediately.
Best wishes,
Garrison
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gazza: my dad use to work in motor insurance. he says just tell your insurance company about accident. let police deal with other harassment issues. you have nothing to worry about if you and your passenger can prove your accident story and if police have already got evidence to prove your accident story. that should be enough to counter any different story by the three people in the other car.
my dad says in his opinion their race is not a matter for car insurance and it has nothing to do with car insutance.
it is only of consequence to the police and courts if you are making a claim for racial abuse. entirely separate and maybe not for me to discuss furhter on motoring forum.
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gazza:
postsript:
my dad is curious how you convinced police your call was deserving of 999 assistance to come out to a non-injury accident?
how long did it take for them to arrive?
what did you do all that time?
did your cars block traffic in the meantime?
how much damage to other car?
did police not question why all this fuss over a few millimetres scratch?
do let us know what your insurance company says.
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Dalglish,
Where are you going with this ? I'm not sure I can see the relevance.
Mark.
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Dalglish, Where are you going with this ? I'm not sure I can see the relevance. Mark.
nowhere i guess. sorry.
my dad also told me off for putting private family discussion on forum.
he being exinsurance man know his stuff.
he knows gazza will be ok.
but just curious about accident circumstances.
especially as his police force refuse to come out on 999 calls even for live burglary unless emergency and get cross if you waste time.
pc in his thinking as does not like being judged as scot only as driver.
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ps
i think from now i stick to computer questions.
and tell my dad he can join forum to do insurance q's himself.
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If you word things carefully you can get them to come out, a headache brought on by an accident is an injury and so the Police are obliged to attend... The other option is to not call them and let the people who hit you get away with it...
Blue
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my dad... he being exinsurance man know his stuff. he knows gazza will be ok.
Clairvoyant as well is he?
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