My BX hit by Sommerfield Truck

adamskibx · Post by **adamskibx** » Sat May 16, 2009 1:08 am

Hi All...

Its been a bad day for my BX today (David Rutherfords old car)... got side swiped by a Sommerfield articulated truck that was in the wrong lane on a rounderbout (slow lane, but carried on going round as I exited off onto the fast lane of a two lane slip road). The car is twisted, and completely smashed up, and the offside rear wheel is horrizontal under the car. As I had no AA cover, it has been taken to a pound in Avonmouth until I pay the release fee. If anyone wants any bits let me know ASAP so we can come to soem sort of arrangement. The engine is a cracker, as is the top spec DTR interior. I must pay £70 for them to scap the car, so if anyone wants to take it away, they would be more than welcome!!

Philip Chidlow · Post by **Philip Chidlow** » Sat May 16, 2009 1:28 am

Blimey! Glad you are OK. Not too shaken I hope.

Haven't heard from you in a while! Hope someone can help out. That's something - asking you to pay for a vehicle to be scrapped...

kiwi · Post by **kiwi** » Sat May 16, 2009 6:51 am

One word BUGGA

I didnt realise there was a slow and fast lane coming off a roundabout, sounds like you got squuzed out as the truck was cornering. Never mind these things happen. Look on the bright side if he was in the wrong lane then its somerfields insurance paying out. You should not have to pay that scrapping fee one hopes?

mountainmanUK · Post by **mountainmanUK** » Sat May 16, 2009 8:15 am

OMG Adam!!!!

The main thing is that YOU are OK, mate!

Cars mend (or get scrapped!).....people are not so easy to fix!

I try to give artics a wide berth, especially on bends, roundabouts, and junctions. Some modern roundabouts are pretty tight for a car, let alone a 40 footer! They sometimes have no choice but to "cut off" the inside lane because of their sheer length.

Not too sure about the legality of them trying to charge you £70 for scrapping the car. What do your insurance company say about it?

What would the "scrappage" system situation be in a situation like this? Would a write-off be accepted for the £3000 "scrappage" reduction?

DavidRutherford · Post by **DavidRutherford** » Sat May 16, 2009 8:16 am

That's rather bad news! as tatty as it was, that was a surprisingly good car. I trust from the way you describe the accident that you're ok?

Who took the car away? Given that the crash was the somerfield lorry's fault, THEIR insurance should pay out for the car, and you should be left with the scrap. They have NO claim to the car at all, and cannot tell you what to do with it.

As it happens, given that I now have my landlord's old TZD turbo sat here with a dead engine, the engine from that would be idea as a straight swap, and the interior would go well in the RD estate I have sat here.

Don't take any shit from anyone over this. Insurance companies are complete bastards, and most recovery companies are shysters. The car is STILL YOURS, and there's nothing that any insurance company can do to take it off your hands.

DavidRutherford · Post by **DavidRutherford** » Sat May 16, 2009 8:32 am

mountainmanUK wrote:What would the "scrappage" system situation be in a situation like this? Would a write-off be accepted for the £3000 "scrappage" reduction?

He's not owned it for 12 months.

Thinking about it, the recovery company are probably making the charge of £70 as a recovery fee. Once the normal bollocks goes on to do with liability and insurance companies, that should be paid by the insurer of the lorry, and the vehicle released into Adam's (or whoever's) posession. Effectively, at the moment, the recovery company are storing it, pending the insurance payout.

Which, just as another point Adam, should be for the REPLACEMENT value of the car, not it's market value. The lorry's insurers are duty bound to return you to pre-accident condition. If that means the only BX TD that can be found is £700, then that's what they should pay you.

Stuart Hedges had a similar incident with Snoopy howeverlong ago, and had to write a very snotty letter to his insurers before they actually sorted it out and stopped acting like the tossers they are. I'm quite sure he would be happy to advise!

Post by **mat_fenwick** » Sat May 16, 2009 2:29 pm

Commiserations, and I hope that you are OK, both physically and not too shaken up. As it isn't your fault, you shouldn't end up out of pocket in any way. When I had a motorcycling accident about 12 years ago, I was left with no means of transport, so I claimed back the extra that it cost me using public transport.
Fortunately I wasn't injured, so I declined (several times) the suggestion that I would get a big payout if I made out I had whiplash, even though "No-one can prove that your neck doesn't hurt".
Best of luck, and be persistant!

DLM · Post by **DLM** » Sat May 16, 2009 3:40 pm

Sorry to hear about the accident, glad to hear you're OK.

I normally don't make any assumptions about what an HGV is going to do, on the basis that I'll always come off worse....

kiwi · Post by **kiwi** » Sat May 16, 2009 10:43 pm

mat_fenwick wrote:Fortunately I wasn't injured, so I declined (several times) the suggestion that I would get a big payout if I made out I had whiplash, even though "No-one can prove that your neck doesn't hurt".

Dont move to NZ! You have an accident here no matter who is at fault the only thing you will get is ACC! Which is in effect your medical bills paid during recouperation/disability and 80% (i think) of your average wages for the last 6 months whilst you are recovering.
No nice big payouts that pay for the next car or Holiday!

Not that it really is compensation I am suffering now probably from a Road accident 19 years ago to my neck at the time seemed pretty minor.

I also drive large vehicles and attend to many "accidents" most the time I just can not work out the other drivers behaviour to cause themselves so much grief. Therefore I reserve judgement with out the full facts as to who is at fault.

Either way dont take no crap over recovery costs and insurance payouts. If your not at fault especially.

Father Ted · Post by **Father Ted** » Sun May 17, 2009 8:36 am

Check with whoever is storing the cr that they dont charge an extortionate daily storge charge fee - one of ones round here that the Police use charge £112/day storage. I once sat in a car and refused to let the police / Millers move it on the grounds that no way was I paying their recovery fee and daily storage fee having had experience of them in the past - the storage fee alone is enough for most insurers to write a car off. Fortunatly I was in a breakdown club and got them to recover the car to my home address.
Aso when they were "storing" one of my motorbikes, parts mysteriously vanished off it and it became deviod of all petrol

cavmad · Post by **cavmad** » Sun May 17, 2009 9:04 pm

Gone up now Marty. It was £105 recovery and £12 per day storage but the thieving fucking bastards now charge £150 recovery and £20 per day storage. You get two weeks to pay and collect or car gets crushed.
It's a licence to print money if you have the police contract and adds weight to the oft banded about theory that some coppers are on a nice little backhander.

Vanny · Post by **Vanny** » Mon May 18, 2009 1:32 pm

Reading the description, it sounds like you cut the lorry up, i appreciate what you are trying to describe, but if you put on your statement that you wrote here, i think you'll be in for a long uphill battle! Remember that when your next to the cab of a lorry (either side) they can't see you unless they have the bonus mirrors!

DavidRutherford · Post by **DavidRutherford** » Mon May 18, 2009 2:34 pm

Having spoken to Adam about the circumstances of the accident his description here isn't really clear as to exactly what happened. Given a pictoral description, it's much clearer that the lorry was at fault.

Also, Adam does have an independent witness who agrees that the lorry driver was at fault, which is gold as far as making sure that insurance companies actually get their arse in gear and get on with the claim.

andmcit · Post by **andmcit** » Mon May 18, 2009 2:58 pm

I had a carbon copy incident myself a few years back in a CX. The Insurer
and AA legal told me the liability factor is 50/50 when an accident occurs
on a roundabout. The poor old Cx got slammed in the nearside by a Spanish
40tonner artic and slammed the offside into the central armco...

The eye witness may help mind although expect the worst so I hope
you're right David!! Sad news Adam; another X beckons?

Andrew

andmcit · Post by **andmcit** » Mon May 18, 2009 3:00 pm

Godammit, clicked "Submit" instead of "Preview"...

Sad news Adam; another CX beckons?

Andrew