Sunday, 18 January 2009

Smash Hits

Last night while driving home in the dark, negotiating a roundabout, some berk in a 4x4 drove into the side of me. He was attempting to cut across two lanes of a roundabout without looking out of his windows. Berk.

We both pulled over to confront each other, and I said 'you were in the wrong lane if you wanted to turn off there' he said 'We will let the insurance sort it out.'

I know people don't like to admit fault, but I was in the right, honest!

While driving the last mile home I thought about it, and feel quite strongly that it is wrong that he probably has fully comprehensive insurance (just like me) so won't give a toss about his stupid negligent driving and will never learn a lesson, and will carry on driving like berk because it doesn't actually cost him anything.

So I thought about all those 'Particulars of Claim' that I have been writing over the last few months, and thinking about all the things he did wrong, and composing my own claim to sue his backside off. That will teach him a lesson and make him look next time.

But in the cold light of day, whats the point. I might even lose in court and have to pay his fees. Surely it is easiest to let the insurance deal with it and move on.

But it annoys me. OK, so my insurance doesn't cost me much, but his stupidity is being paid for by other people. He needs a right good slapping.


On the bright side, nobody was injured and I will at least get a new door on the car.

Lesson previously learned, DO NOT GO TO COURT ON A PRINCIPLE


ps Whatever happened to 'Plastic Bertrand'?


Law Minx said...

AWW Swiss, I feel your pain! Road Traffic Scuttles are a bloody nuisance,a source of frustration and damned inconvenience, but thank HEAVENS for subrogation; as you say, if you'd ended up in court it would have been nasty, costly and mayhaps pointless, even if the guy is an out and out pillack.

For what its worth I was crunched not too long ago by a young man in a fiesta who did a runner before I could get his registration. I have a number of words for such an individual, but since I am a laydee, I shall not mention them here ( except in brackets - f**king b****rd!!!!!!!!!) and my insurance had to bear the cost - mercifully, my NCB is low and insurance fully comp, but eeeee!!!!!

Ps: I believe Plastic Bertrand is now a judge in the Court of Appeal.

Swiss Tony said...

Minxy, I know what you mean about Fiestas. There isn't much room in the back, so no wonder you were a bit 'crunched' Too much detail perhaps, but thanks for sharing that with us.


Law Minx said...

SWIZZ!!!!! Since you have stated that there is no room in the back of a Fiesta - a fact to which I am not party - I can only conclude that some of your Finest Moments, so to speak, have taken place therein!!

barmaid said...

Just be careful you don't try same antics in Reliant Robin, they have a habit of tipping up:-)

Law Minx said...

BM!! You are as outrageous as Swiss!!! :)
( Damn - I've led a sheltered life!!!!)

Asp said...

I've always imagined Bubble Cars to be particularly cosy, even when just driving around town...

I'm quite impressed that said pillock had the deceny to leave it "We will let the insurance sort it out". Normally in such a situation they make up excuses and/or try to blame you. He may still end up doing that (my 'rents once had to rebut the accusation that someone backing into our car when they were in bed was our fault. Needless to say it didn't take much), but at least he didn't enter into any 'road rage' and did things the right way. If anyone's going to run into my car, I'd rather it was someone who left things to insurance!

Swiss Tony said...

Asp, very good point, although until the insurance company receive his admission of liability it is all up in the air.

As for road rage, I was bloody angry and if I had a baseball bat to hand I would probably have used it on the idiot.

As it is, having calmed down a little, if I saw him again I would still give him the slapping he needs. I stand to lose my excess because he can't drive.

Do they not teach people which lane to use on roundabouts anymore in the driving test? It seems to be endemic that people can do what they like nowadays.


Mel said...

To quote Grey's Anatomy: It takes a year to learn how to cut, and it takes a lifetime to learn when not to cut.

Cut meaning in surgery. Because it's about young surgeons...ahem.

Just as applicable to the lawyerly trade. It takes a year to learn how to file a claim...but it takes get it.

Not a skill I've learned yet, as I regularly tell everyone to sue everyone else, from the banks to the post office to the builders who walked off without finished our conservatory.

Swiss Tony said...

Mel, very true and wise words.

On advice I have been given from a guy that works in insurance, he suggested that I let the insurance deal with it all and see if the other guy admits liability. If he doesn't I will lose my excess, and possibly my next premium will rise.

My excess is £250, so I then take him to the small claims court for its recovery. The excess is 'uninsured loss', so not covered by the insurance. No liability will be given by the insurance co, so I would be clear to sue the bugger.

The car is currently being fitted with 2 new doors and being painted. he hasn't admitted anything yet, so I will use this as a good homework exercise.