:( micra beast is hurt

L

lucasmax

the worst thing ever happened to day. i prangged my micra beast :( well i didnt some stupid woman who was on her phone was comin down the road way too fast, and i went into the side of her... sort of.


i was pulling out from a road, i looked she was up the top of the other road, she sped up and as i was in the middle of the road she went into me.


to make matters worse her faggot of a husband came along and assulted me.


so anyways the damage isnt that bad, my driverside light is smashed, my wing is buckled, my bumper is screwed and i think my door has shifted posistion.


and guess what my crappy insurance are saying that its my fault even though she was speedin and on her phone :s

pic will be up as soon as i get them from my mums phone
 
:mad: still bloody stupid, there was hardly no damage to her car :/ ah wel trip down the scrappys tomorrow as forsome reason my excess is £400...aparently
 
First of all i would be ####ed off, secondly she was on phone making her at fault no matter if she was to blame or not the only problem is proving it and thirdly....her husband assaulting you!!!! i would say 110% youve won this cause if i were in your boots i wouldve phoned the cops stating 2nd and 3rd points with the 3rd point being more serious than the others!!!!

if you have witnesses regarding any of the above then this will be in your favour fullstop!

grr

regards
 
The assault is a totally different offence which should and probably would be treated as it's own case.

If he had a good enough look to see and be able to recognise that she was speeding, why pull out? Most likely you misjudged their speed and was at fault.

There speeding was not the important factor in the incident, you pulling out in front after JUDGING she was speeding was.
 
Alienfish360 said:
The assault is a totally different offence which should and probably would be treated as it's own case.

If he had a good enough look to see and be able to recognise that she was speeding, why pull out? Most likely you misjudged their speed and was at fault.

There speeding was not the important factor in the incident, you pulling out in front after JUDGING she was speeding was.
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you overlooked the point that she was on the phone!!!!!! so the whole incident couldve been averted if she had both hands on steering wheel, which she was more likely to avoid this chap when pulling out! this was the pther persons fault, if you have a witness with her being on mobile surely this must be in your favour??????
 
kakawak said:
yes but she was on phone plus there is assault involved in this, i would also say if it was his fault when pulling out and if the woman in other car was drink driving without insurance, mot, road tax is this still acceptable?........NO! (well in my books anyways)

if these points are overlooked then all i can say is 2 fingers up at the justice system!!!!!

then i would follow suit by cancelling my insurance, no road tax, no mot by crashing into someone who just pulls out of a ferrari garage in their enzo followd by a drink of vodka having left the pub 10 mins earlier steaming drunk!!! :)

regards
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without video or reliable witness evidence, or skidmarks to prove her speed, the odds will be stacked against the driver that pulled out fwn
 
Plus, there is no PROOF she was speeding, and a difficult one to prove she was on the phone at the time. There is however plenty of evidence that he pulled out in front of her.
 
kakawak said:
you overlooked the point that she was on the phone!!!!!!
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Ok, she was on the phone, how far away can you notice somebody on the phone? this seems to me she was pretty close when he seen it.

If he noticed after the incident, it still doesn't affect the fact that he pulled out in front.

Just because she didn't notice him and brake doesn't make him free of any blame, he still misjudged speed and distance, it is still WRONG to pull in front of somebody and force them to adjust their speed or direction, by your action.
 
kakawak said:
so the whole incident couldve been averted if she had both hands on steering wheel, which she was more likely to avoid this chap when pulling out! this was the pther persons fault,
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Wrong, this accident would have been avoided by not MISJUDGING speed and distance, you should never pull out in front of a car so close or at a speed that causes the other driver to change speed or direction.

To say, this would have been avoided by the other person taking emergency evasive accident is fairly ridiculous.
 
I'm not saying that he was 100% to blame, but the majority of the blame is still on him. Yes she was acting outside of the Road Traffic Act, however, if she was travelling at the speed limit, without a phone, he would still have pulled out her after misjudging her speed and distance.

The moral of this story is to make sure you have space and time to get out, plus a bit more, don't assume.
 
i have to ask you this alienfish, if it was you who pulled out in front of someone would you accept full responisbilty knowing that this person could be A. on a mobile phone B. speeding C. under the influence D. NO insurance tax or mot!

your telling me if you had a good chance of getting of with this you wouldnt dispute any of the above?
 
Alienfish360 said:
The moral of this story is to make sure you have space and time to get out, plus a bit more, don't assume.
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This is assuming that this person is driving within legal rights not by driving with 1 foot on steering wheel while eating a packet of crisps and smoking a fag!

the whole point of this that she was on the phone and this possibly couldve been avoided if she wasnt on phone!
 
yes,

but mate,

she was on the phone, you pulled out, she doesnt see you and she hits you.... its your fault

if she hadnt been on the phone and you pulled out in front of her and she saw you, slammed her brakes on and hit you... its still your fault.

i know it sucks, but thats how it goes.

bad luck buddy, but its a valuable lesson learned :(

also, the assult is a spererate offence and would not affect the outcome of the insurance claim, same goes for her using her phone, its an offence, but you were still at fault so the fact she was on the phone is irrelavent.


i have to ask you this alienfish, if it was you who pulled out in front of someone would you accept full responisbilty knowing that this person could be A. on a mobile phone B. speeding C. under the influence D. NO insurance tax or mot!

your telling me if you had a good chance of getting of with this you wouldnt dispute any of the above?
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usually if they are uninsured... you have to pay and then have the chance to get the money back through the courts mate
 
its not a case of if she wasnt on phone.....SHE WAS! its proving it thats difficult and like i said if im going down like the titanic then shes coming with me end of!
 
Tom 1.0 said:
also, the assult is a spererate offence and would not affect the outcome of the insurance claim, same goes for her using her phone, its an offence, but you were still at fault so the fact she was on the phone is irrelavent.

usually if they are uninsured... you have to pay and then have the chance to get the money back through the courts mate
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you didnt answer wether you would accept blame or dispute knowing theres a chance of getting off with it!

you know what......i would give her an ultimatum either fix your own car with me fixing mine or im reporting you for using phone while driving resulting with her getting 3 penalty points and a fine (assuming you have a witness)

the whole accident is open to arguement, i would say that this person was on phone, speeding while driving eratic. i think the courts would rule in my favour against the chap just pulling out nice and slowly! :)

Do the ends justify the means? :p
 
i wouldnt.

if i knew it was my faut, and i had no other way of proving it.

it is easier and saves the hassle of getting lumped with more fees when you do and will lose the claim later on.

personally i would have immediately offered to go around outside the insurance companies. also, just curious but how did her fella manage to assult you? was he there too?
 
kakawak said:
This is assuming that this person is driving within legal rights not by driving with 1 foot on steering wheel while eating a packet of crisps and smoking a fag!

the whole point of this that she was on the phone and this possibly couldve been avoided if she wasnt on phone!
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I would accept 50/50 blame, but would know deep down that it would have been avoided by NOT PULLING OUT.

Pulling out and expecting people to be able to avoid you is DANEGEROUS, SELFISH and pretty ludicrous thing to expect.

The closest I have been was pulling out of a junction when somebody was indicating to turn into it, but they had left it on by accident and nearly hit me.

This was my fault, I shouldn't have pulled out till they started turning. He misjudged the speed and although they also made mistakes he was still at fault for pulling out infront of a car that was too close and too fast for him, to join the traffic.
 
yea 50/50 seems to be the perfect solution before more accidents happen in this forum grr lol

interesting to say the least! anyhoos time for the off im working tomorrow!
 
The law states that its an offence for a driver to make a manuver that causes another motorist to change speed or direction.
Sounds like both drivers were at fault. for Lucasmax to notice she was on the phone and judge her to be speeding and STILL pull out madness. At the end of the day she was in the wrong to be on the phone but ultimatly his actions caused the crash.......That said hope he gets his motor sorted and that everyone was ok.....
 
weather shes on the phone or not, she could be doing anything behind the wheel, putting make up on whilst on the phone whilst changing the cd, (you get the idea) and you pull out in front of her, its your fault, sorry to put it bluntly.

perhaps if she wasnt on the phone she could have swerved to miss you but you still pulled out on her.
 
superls said:
perhaps if she wasnt on the phone she could have swerved to miss you and mowed down a bus queue of school children!!!!
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I'm glad the accident was just bent metal.

Really sorry to hear about the assault, but then you did pull out infront of his missus. If it had been my missus (whatever she was doing - prehaps he was also feeling a heightened level of stress because she had told him she was on the phone) I would probably have ####twed you as well, after all there would have been no accident without the pulling out.

Having said that, he needs to get the assault charge/caution and you just need to bend over and take the insurance claim.
 
Its ok going on about the phone and speeding but as someone said earlier how can you prove it, all she has to say is no i wasnt if you dont have any witnesses!!! most important thing to do when you have a crash is get witnesses. Its just your word against hers and the way it looks, looks like you misjudged her no matter what her speed you cannot deny that due to her hitting your side. just write your statement telling them everything you know and maybe you will get knock for knock!! good luck
 
i know she was speeding cause the police came after the assault and even they said she was. and when i looked she was at the top of the road (pretty average side street) so i started to pull out and next thing i knew blam the front of my micra was bent. cant talk about the assault as its gone to the police.


anyways i dont care about the insurance claim anymore, we havnt accepted liability(well mum didnt accept it on my behalf)

anither question my mate says the wing might be welded or bolted on, so does anyone know the answer?
 
kakawak said:
its not a case of if she wasnt on phone.....SHE WAS! its proving it thats difficult and like i said if im going down like the titanic then shes coming with me end of!
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hmm couldn't investigators find out if the person was talking on the mobile at the time of the incident by checkin their phonecall record history?
 
wing and light are simple there are 4 bolts on top of the wing and two down the inside of the door. light has 3 bolts on it and to take the bumper off its easiest to take the lights off first so you can get to the bolts at the back of them. Easy job really and best thing about micras PARTS ARE CHEAP
 
sterry9454 said:
wing and light are simple there are 4 bolts on top of the wing and two down the inside of the door. light has 3 bolts on it and to take the bumper off its easiest to take the lights off first so you can get to the bolts at the back of them. Easy job really and best thing about micras PARTS ARE CHEAP
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i agree =] haha if a was to buy the parts on egay, it comes to 35-50 quid lol, much less from scrappys....hopefully haha

thanks for the info and advice guys
 
are you saying that if you pulled out on someone didnt realise they was speeding and they hit you up the arse it would still be your fault? (I know what happened to this chap is different but just wondering about that scenario)
 
tryme said:
are you saying that if you pulled out on someone didnt realise they was speeding and they hit you up the arse it would still be your fault? (I know what happened to this chap is different but just wondering about that scenario)
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a wonder that too, i mean the insurance are saying that cause i was pullin onto her path its my fault, but how else do you drive? i mean if you dont pull out you'd never get anywhere lol
 
pollyp said:
hmm couldn't investigators find out if the person was talking on the mobile at the time of the incident by checkin their phonecall record history?
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It will say her phone made a call, but they can't prove who it was, may have been her passenger from her phone.

End of the day, you're still responsible for pulling out on them.
 
where did her husband come from then? id say that they still cant prove it cos they cant prove she had her phone with her at the time.
 
superls said:
where did her husband come from then? id say that they still cant prove it cos they cant prove she had her phone with her at the time.
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umm yea they can the police came and all they have to do is look at her phone records, that il tell them the time of the call, and he husband came from no where in his car
 
Ok, so she was on the phone, you was still driving without due care and attention by pulling out in front of a vehicle forcing them to change speed or direction.

The assault, the phone call are seperate incidents than the accidents, the fact she may have been able to avoid it if she wasn't on the phone is irrelevant you should never have put another road user in that situation.

In my opinion, if you knew she was speeding you should have waited.
 
All abit Mental :eek: Savage about the car mate hope it gets sorted... Give you something to do over the winter eh :grinning::glare: lol
 
Alienfish360 said:
Ok, so she was on the phone, you was still driving without due care and attention by pulling out in front of a vehicle forcing them to change speed or direction.

The assault, the phone call are seperate incidents than the accidents, the fact she may have been able to avoid it if she wasn't on the phone is irrelevant you should never have put another road user in that situation.

In my opinion, if you knew she was speeding you should have waited.
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i must admit ive enjoyed this post but let me say my final word on this....

yes lucas you probably will be at fault with this but i would counter this claim and suggest to your lawyers that your afraid to drive again due to assault. dont think for 1 minute if the roles were reversed she would sit back and do nothing! there are principles as stated in this thread and likesaid, you pay the price for your mistake but i would certainly make sure she & he pay for what theyve done!

just to tell you a short story about something similar my dad was driving his pickup with a full load turning right at a junction when a car was coming over the brow of the hill at same time and although he misjudged the turning with load and speed. the woman who was driving in the other car sped up after she put her hands over her face due to panic when braking, smashed into the underside of my dads pickup and couldve been avoided as this is what the judge stated when this went to court. both parties were charged. she did get her claim for whiplash and so called stress but she was at fault for dangerous driving with hands over her face!!
 
any chance of looking at her call log? it's a long shot but it could happen... (btw if someone has said that already i'm sorry, I got bored reading about 2/3rds the way through...)
 

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