As you will recall, my MiL had a car accident the other week. It caused damage to her car (written off) the other car at the house (the infamous Fiesta 1.25) and both her and the neighbours houses as well!
The situation was as follows - as far as I understand it.
Reversed car out of drive one evening after car had been stood for over 24 hours. Car was Hyundai Trajet 2.7V6 auto. When put into Drive, car did not move. After a few attempts to get it to go, she called the motoring organisation. The patrol that came, confirmed that was a problem and asked her to open the bonnet. He then asked her to put the car into Drive. She did and then got out of the car and he did some fiddling under the bonnet and the car started moving forwards as the parking brake (foot pedal type) was not on.
The insurance claim is now all on MiL's cover for two cars and two damaged houses. Premiums likely to shoot up.
AS far as I can tell, the patrol knew MiL was out of the car and did not tell her to make sure the brake was on. Clearly there was a fault with the car, but doubt if Hyundai will accept a claim for consequential loss.
We have written to motoring organisation for a copy of their internal report on the incident but they are so far refusing to release it. Does anyone have any ideas where we go from here. We do have a lawyer in place, but not sure he can do anything at present and MiL has no money to be fighting the motoring organisation without a conditional fee arrangement.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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I'm afraid I put it down to MiL fault. Driver should be responsible for all actions - leaving an automatic in 'drive' and getting out is irresponsible.
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Sorry, E3, I reckon MiL is stuffed. Not being told to make sure the brake was on is not going to swing the responsibility away from her.
All I could suggest would be pushing for some type of ex-gratia payment - they might pay to avoid publicity or for customer relations - not much though.
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On the other hand your MiL did as advised by an "expert" and his/her advice could be construed as having an element of negligence in not ensuring that the handbrake was on.
This is even more relevant as his/her own safety could/would be at risk.
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What's for you won't pass you by
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lucky the motoring organisation man wasnt run down and killed etc,id say mil got off lightly,i can see that at the time she will have been lightheaded when the motoring organisation man was there etc though.I have a policy of saying to customers who want to start cars that "are they sure its in neutrol?" that way if it isnt then they are entirely to blame,on the same note i wouldn"t be a motoring organisation man and ask a women to put a fairly large vehicle in drive stand near it and not check that the vehicle was well secured with the handbrake.
I suggest you proceed as the motoring organisation man was not in control of the situation in my umble
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MiL is presumably a competant driver and left the car with no brake on.
Sorry E, Sounds like she's in the frame.
Did the motoring organisation patrol have to jump out of the way (fiddling under bonnet and car rolls forward)? Careful you don't get a counterclaim from the motoring organisation!
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motoring organisation patrol unharmed, but MiL suffered severe bruising and may never be the same again, although will not harm her ability to do 99% of life things.
She is a competant driver, but not one who listens to instructions properly....we swapped cars lest week, and I told her to go to Junc 23A of M1 to Donnington Services. I would go M6 and A50 to J24 of M1 and get to services from there. I have just joined the A50 when she rings and tells me she has just got off the M6 Toll?????Where should I meet her....ARGGgh Mother's in Law!!!!!!!!!
I think she is stuffed also, but hoping motoring organisationwill make an ex-gratia payment to avoid publicity or court case.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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What actually caused the car to move? If its damaged 2 houses and 2 cars then I would assume the patrol man must have done something more than get it to engage drive as that would have just made it creep forwards? If he's tugged at the throttle cable and its shot forwards then I would suggest there must have been some negligence on his part. Even with the handbrake on there would still have been potential for the car to move, albeit at a much reduced speed and distance. Did the car hit your MiL?
In todays health and safety climate I cannot see any employer permitting its staff to work under the bonnet an automatic car with it in drive, so there has most probably been a breach of procedure on that count.
As there is clear potential for litigation here I would suggest you remove the name of the organisation involved.
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Don't want to give an opinion here, but one suggestion I would make is asking to see the motoring organisation's Risk Assesment on this scenario (they must/will have one) as part of this RA there must be a risk reduction point covering instructing a driver to be involved in fault diagnosis. Hope that makes sense to you.
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Ooh it may make damage to your case in er...publicising it on here.My guess there are some loyal motoring organisation employees that visit. IYKWIM !
Thanks PU, I have just dealt with all mention of which motoring organisation it was. I'll leave the thread here unless Espada asks for it to be removed, in which case any one of us can do it.
Hugo - BR moderator
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You might want to check the post above yours, Hugo, as it appears to mention the organisation involved.
What I can't see is how a car in drive can accelerate so violently as to write itself off and cause serious damage to two houses. Sounds like the guy poked something inside the engine bay that he shouldn't have. On the other hand, it was irresponsible for your MiL to get out the car while the engine was running and it was in D.
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Thanks David
You just can't get the staff these days ;)
H
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I can see both sides and would be prepared to accept that MiL was in the wrong. But, I want the organisation to give me their assessment of the situation and as PU says, the risk assessment or operational protocol for that type of call out.
How do I get them to give it to us?
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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Ask them nicely in the first instance.
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Yeah - tried that with a polite phone and fax to no avail.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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Just coming back to this...
The car has been written off and has been sold to a guy in Birmingham. There was some damage and the offer price from the insurance co was £7,400.
The guy in Birmingham bought it for £2000. What category will it have on insurance files and do you think it is worth buying off the guy when repaired? The car was in good condition before the accident (2.5 years old, 50,000 miles) and was in a low speed bump but with many panels damaged.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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Nope - forget it. A Fiesta with many replaced or worked upon panels will rust away before your very eyes.
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TourVanMan < yes its RF reborn >
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Nope its the Hyundai Trajet, but same applies I suppose?
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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Same applies? fair chance probably
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TourVanMan < yes its RF reborn >
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But what about a Hyundai Trajet? :)
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Any luck with the Motoring org ? (you don't need to tell us just curious)
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Uncle did exactly the same with a 1969 Daimler Sovereign. Demolished garage as a result.
Leaving a car running unattended is by itself a motoring crime (? correct word) I believe so if MIL got out and left engine running she is breaking the law. To do so with no handbrake suggests to me if you press the case, the motoring org would have every right to refer it to the police.
MIL could be prosecuted..imo.. successfully as she has admitted it already.....
madf
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Quitting a motor vehicle - motoring offence, used to be the Rookie Copper's favourite offence in happier days.
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No news from Motoring Org. Brief MiL instructed has declined to proceed on 'no win no fee' basis and suspect MiL had the car not quite in gear and when the patrol arrived, he jiggled it and it went into gear, the revs rose and off it went.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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Getting fed up of the Fiesta now! The drivers seat is too low, otherwise its a great drive, but wearing after 30 mins of cross country work.
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Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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