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Legal matters

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Car Accident - Really worried

29 replies

CHOCOLATEPEANUT · 16/06/2010 23:01

3 weeks ago I had a car accident. I was in a narrow outside lane with a bus lane in the inside. I had just come off the roundabout and was slowly approaching the lights when a bus went past on the inside at speed and knocked off my wing mirror. The kids were in the car and it really shocked them. I ran after the bus that had stopped at the lights with the remains of my mirror and the drive came out and said "You must be over" we went to my car and saw that it was on the line. My car is a large wide car and these were narrow lanes. The driver apologised and asked if we were all ok and I went back to the bus and he gave me all his details and i gave him mine. He apologised again and said ring this number and dont worry it will all be ok the company will sort it. I said it was the last thing i needed as we were going on holiday.
I drove behind the bus for some way as it was heading my way and when I passed it I looked and saw no damage to it.

I then phoned the no given and a man at the bus co said he would come out and look at the car and get the repairs sorted while we were on holiday. The next day the day he said he was coming, I rang to see what time as we were preparing to go away. He then told me he had looked at cctv on the bus which shown I was over the line. I disputed this and he said well you need to come and see this and started talking about me getting legal advice. I was stressed and said look I have not got time to look at cctv i will get the repairs done myself as I need the car back on the road when i get back from hol. The man said he was sorry and that was that.

i then did a stupid thing and rang the ins and thinking it was the easiest way to just get the car sorted said I had parked it on the shopping car park and retd to the damage. I paid the excess and the car is nw fixed.I dont know why I lied I think i was just stressed about the hol and thought if i mentioned the bus they might start saying we should fight it and I just wanted the car sorting.

Anyhow today I got a letter from the bus ins co saying that they want to get the bus repaired and i will have to pay whilst its out of service. I did not see any damage on the bus and I have not admitted liability. I have asked to see the cctv and explain how they can prove that any damage was caused in this incident whhich was now 3 weeks ago.

I am really annoyed with myself for not telling the ins the truth as i think they have pulled a fast one and are continuing to do so

my dh is not happy that I told the ins a lie and said were in a mess (he has just been made redundant and we just found out at time of accident hence why i was so stressed.

i am sick with worry how can i fight this without the ins on my side as i cant afford for repairs yet alone for the bus to be out of service which they want to charge me for to

OP posts:
nigglewiggle · 16/06/2010 23:06

I can't really see an easy way out of this. You have made a fraudulent insurance claim and it seems very likely that you will be found out. I would come clean about this before the mess gets any more complicated. Before you do that I would get some proper legal advice.

CHOCOLATEPEANUT · 16/06/2010 23:06

i emailed them he reponse and dh just read it and went off mumbling

i feel crap

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CHOCOLATEPEANUT · 16/06/2010 23:07

oh god i feel worse

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bruxeur · 16/06/2010 23:09

Tbh I would basically formalise (and spell-and grammar-check) your OP and send that to your insurance company, and do it soon, before the bus company contact them.

After that, it's up to them how they want to play it.

Also - you need a solicitor.

nigglewiggle · 16/06/2010 23:10

I'm sorry, I've probably not made you feel any better, but you need to face up to what you have done. I can't really understand why you didn't just tell the insurance co the truth and let them argue the toss with the bus co. With the version you put forward you will still be seen as liable.

CHOCOLATEPEANUT · 16/06/2010 23:11

if the ins co agree to deal with it will i still need a sol?

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mumblechum · 16/06/2010 23:12

I think you're going to have to come clean.

I also think you need to get some legal advice from a RTA specialist pronto. You could potentially not only be uninsured for the damage to the bus & have to pay out of your own pocket, but also be prosecuted for fraud by your insurance company.

The only way to avoid the latter would, I think, be to tell the bus co. that you want to see the CCTV and if it was your fault, then admit liability and pay for it out of your own funds.

But get legal advice first before you do anything else.

CHOCOLATEPEANUT · 16/06/2010 23:14

what can i say

I am a nervous wreck.I was in an accident the last thing I needed and then am told a different version of events on the phone by the co. I just did not have the energy to deal with it and thats the reason I lied,stupid stupid i know but i thought we are going away (my dad paid) and i just wanted it all to go away

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nigglewiggle · 16/06/2010 23:14

I would be wary of contacting the insurance company and admitting fraud before you have sought legal advice. You could check to see if you would qualify for Legal Aid. Citizens Advice might be a good place to start.

CHOCOLATEPEANUT · 16/06/2010 23:15

god i think i will just have to pay now

how bloody bloody stupid of me

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mumblechum · 16/06/2010 23:17

But if the bus is going to be out of service for days on end plus the cost of repairs, it could easily run into several thousand pounds I would have thought.

Please tell us that you'll get legal advice before you do anything.

CHOCOLATEPEANUT · 16/06/2010 23:19

But there was no damage I looked and saw nothing.Also i was on the line. I think they are pulling a fast one, sensed i was stressed,kids in tow and are now trying it on

do you think if i throw myself on my sword to the ins co they will help?

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mumblechum · 16/06/2010 23:20

CP, please see previous advice from myself and others. Read it!

CHOCOLATEPEANUT · 16/06/2010 23:21

i cant afford legal advice we are on one wage now

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hatesponge · 16/06/2010 23:22

You have in essence made a fraudulent claim. Assuming you have now come clean, your insurers will most likely refer this to their fraud team. They will then investigate the claim. I can appreciate you may have been stressed at the time, but to be honest most people in your situation would have said they hit the bus and it was their fault. I know you have said why you didn't say that, but your actions unfortunately are unusual. The fraud team will be wondering what you have to hide, and will go over your policy and the claim with a fine toothcomb.

In the first instance, because you held insurance at the time of the accident, your insurers are required to deal with the bus company's claim. However should the insurers decide to void your insurance because of all this, it is possible they may exercise their rights to recover all of part of the monies paid out from you directly. This is very much down to the individual insurer and your personal circumstances (for example if you were on benefits living in social housing, your insurers would often not bother pursuing you, because the chances of recovering anything would be remote. If however you are in reasonably paid employment, it may be a different story.

This is serious I'm afraid. My advice is to co-operate with your insurers 100% and also to be entirely honest from this point on. Sorry I can't be more positive.

nigglewiggle · 16/06/2010 23:23

You are not in a position of strength with regard to arguing the specifics of the RTC. You have put yourself on the back foot. I will repeat, you need to come clean, but you need to seek legal advice FIRST.

CHOCOLATEPEANUT · 16/06/2010 23:24

Thankyou

I know i have acted oddly but my head really has gone this is the last straw

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mumblechum · 16/06/2010 23:24

Excellent advice there from Hatesponge who sounds like she knows what she's talking about.

Best of luck CP, I'm off to bed now.

MotherJack · 16/06/2010 23:26

I'm pretty sure bus CCTV only runs inside the bus, not outside. It is for the protection of the driver and other passengers. I would be doubtful that the angle of such footage outside the bus would accurately show any deviation from lanes. It sounds implausible, unless they are now operating external CCTV.

Ask to see it and ask to see the damage to the bus and get a tape measure to measure the distance of your wing mirror from the road and the distance of the alleged damage on the bus from the road (you'll need a retractable steel tape for this really). If there is discrepancy, challenge them.

ArseHolio · 16/06/2010 23:27

Even if you were over the line that doesnt mean the bus driver has carte blanch to ram you out of the way. If you were over the line he should have stopped.

You being over the line is not a defence and anyway, the position if your car when you stopped isn't evidence of the position of your car when he hit it. It doesn't matter anyway, if you;d have been parked in the bis lane he wouldnt have been able to knock you out of the way. It is just bad driving on his part.

Get a solicitor. Lying bad a bad idea but there is nothing you can do about that now, no advice regardng that

I think the way to play it is say that HE hit YOU, it was HIS fault, NOT YOURS.

nigglewiggle · 16/06/2010 23:28

Buses do operate external CCTV.

CHOCOLATEPEANUT · 16/06/2010 23:29

It was he saw that and admitted to it

Thats why I am so upset, if i had told the ins the truth they would have dealt with them

now I am having to and its awful as i dont have the strength and i think they know that and thats why they are pushing it

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ArseHolio · 16/06/2010 23:32

They don't know anything. They just want your inurance to pay so they don't have to.

You do have the strength. We have all done stupid things, it isn't the end of the world.

You do need a solicitor though, before to speak to them again.

MotherJack · 16/06/2010 23:36

Do they Niggle? Blimey!

I do agree with everyone who says you should come clean.

I am sure there are certain regulations and directions in the Traffic Signs Regulations and General Directions and Highway Code that will give you some leverage (i.e. related to the bus overtaking on the nearside), but you need to sort the fraud thing out first and foremost.

Good luck (but don;t forget to measure your cars damage against the bus damage to ensure it corresponds)

CHOCOLATEPEANUT · 16/06/2010 23:37

I just feel like i have added to our problems and its such a stupid mistake

i am so upset i wont sleep tomight

i sent an long email fighting it out and hope and pray they back down and agree to split the liability at least

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