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Author Topic: Just been hit in the BMW  (Read 3267 times)

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Del Boy

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Just been hit in the BMW
« on: 27 August 2010, 13:28:13 »

Man in a roadsweeper coming down hythe hill, well over my side of the road I'd say a good 6 ft into my lane, I see him coming so slowed think he'd get over, nope not a chance!! Forced me to scuff my lovely new 19" BMW spider alloys, scuff and rip and tear, near mint Avon ZZ3 tyres on the passenger side, scuffed drivers side front bumper from the impact also scuffed the drivers side mirror and pushed it in. He just continued driving, I then turned and raced after him, found him down the hill next to a building site, followed him flashing him tooting him, didn't even know I was doing it not paying attention at all obviously to his mirrors, then he's driving around back to the site and mounted the curb twice!

So spoke to the driver obviously I was angry and not in the mood for him to say, I didn't even see you nor did I know I was on your side of the road. Wound me up, but had already spoken to a woman at their office. The managing director then rang and aske what had gone on, he then sounded as if he was trying to get out of it saying, the driver says you came at him he couldn't get over anymore. MD then said I'll have a word when he gets back to the yard, and call you Tuesday!!!!

Where do I stand with this 1000% not any fault of mine, but I sit here with knackered alloys, two ripped and gauged tyres, a scuffed bumper and a scuffed mirror!
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Drives: 2013 (13) BMW 530d M Sport Touring, 2011 '61' BMW 520d SE.

Jimbob

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Re: Just been hit in the BMW
« Reply #1 on: 27 August 2010, 13:32:38 »

Your driving a BMW, therefore the whole world knows its their right of way not yours  ;D

Seriously though, sounds crap...how you get it sorted without too much grief, and the Speak tuesday wasnt really an ancronym for See(C) You(U) Next Tuesday  >:(

Gaffers

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Re: Just been hit in the BMW
« Reply #2 on: 27 August 2010, 13:44:46 »

You need to go back and take photos of the impact on the kerb which will show how far over he was.  As it sounds like he clipped you tooso those 2 arguments will show complete disregard on his behalf. 

The sticking point will be if the road has lines down the middle.  If not then it's a 50/50 I'm afraid.  You have to prove he was over the lines when he collided with you.  Get that and he's bang to rights  :y

BTW, I'd have more sympathy for you if you were in a miggy or a jaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaag!  ;D ;D
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Del Boy

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Re: Just been hit in the BMW
« Reply #3 on: 27 August 2010, 14:04:15 »

Yep, lines down the road, am going back now to take pictures. Cheers gaffers  ;D ;D

I'll need to pm you later too  :y
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feeutfo

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Re: Just been hit in the BMW
« Reply #4 on: 27 August 2010, 14:21:28 »

Any situation like that, get the reg of the vehicle, then first thing you need is an independent witness, or it will be your word against his, and without a witness he can make up any old rubbish and get away with it.

So as said, gather as much evidence as you can, but if your with direct line it won't make any odds, if they can't sort it on the phone to a witness it will go 50/50 and they won't lift a dam finger otherwise.

Wish you luck  :(
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Lizzie_Zoom

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Re: Just been hit in the BMW
« Reply #5 on: 27 August 2010, 14:23:57 »

Very sorry to hear that Del!! :'( :'(

Now this may be a very long shot, but perhaps worth a try; speak to the police about it, state how the driver was acting, with going over kerbs, and suggest he may have been drinking!   A long shot yes, and may get nowhere, but worth a try in view of the situation ;) ;) ;)  You obviously have the name of the firm involved.....and their driver?? ;) ;)

All the best whatever Del ;) ;)
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Elite Pete

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Re: Just been hit in the BMW
« Reply #6 on: 27 August 2010, 14:28:17 »

If you've knackered the N/S alloys and tyres its obvious you couldn't get any further over and he's caught the O/S bumper and mirror then he must have been on your side of the road unless it was a very narrow road.
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Dishevelled Den

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Re: Just been hit in the BMW
« Reply #7 on: 27 August 2010, 14:29:43 »

Sad news indeed Del :( :(

As G suggests I would take photographs of the scene as events unfolded, damage to your vehicle, marks to the topography (kerb, scuffs on road and so on) and any marks on the sweeper as a result of the collision.

As a matter of course I would report the matter to the police alleging driving without due care, failure to stop etc. on the part of the driver of the sweeper.

All further contact with the operators of the sweeping service should be backed up by written communication and if sent by mail, done so by recorded delivery.

I would be inclined to act quickly as the longer you leave it, the weaker your case will be.  I would also get checked over to discount the possibility of any injury sustained on your part.
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Lizzie_Zoom

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Re: Just been hit in the BMW
« Reply #8 on: 27 August 2010, 14:38:44 »

Quote
Sad news indeed Del :( :(

As G suggests I would take photographs of the scene as events unfolded, damage to your vehicle, marks to the topography (kerb, scuffs on road and so on) and any marks on the sweeper as a result of the collision.

As a matter of course I would report the matter to the police alleging driving without due care, failure to stop etc. on the part of the driver of the sweeper.

All further contact with the operators of the sweeping service should be backed up by written communication and if sent by mail, done so by recorded delivery.

I would be inclined to act quickly as the longer you leave it, the weaker your case will be.  I would also get checked over to discount the possibility of any injury sustained on your part.


Yes, sound advice; act very quickly! ;) ;)
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beemerdevil

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Re: Just been hit in the BMW
« Reply #9 on: 27 August 2010, 14:46:36 »

sorry to hear that Del ......... speshley the beemer !! - hope you get a result mate  :y :y
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Del Boy

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Re: Just been hit in the BMW
« Reply #10 on: 27 August 2010, 14:52:48 »

Dels son posting this as my dad is driving, got pictures of the curb, silver scuffs all up the curb got a slight wheel wobble now too. Got the witness too.
« Last Edit: 27 August 2010, 14:54:27 by LSG_1 »
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Lizzie_Zoom

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Re: Just been hit in the BMW
« Reply #11 on: 27 August 2010, 15:02:49 »

Quote
Dels son posting this as my dad is driving, got pictures of the curb, silver scuffs all up the curb got a slight wheel wobble now too. Got the witness too.


That's great!! :y :y :y
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pscocoa

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Re: Just been hit in the BMW
« Reply #12 on: 27 August 2010, 15:14:05 »

I have been in this situation many years ago. First thing is to write to the company holiding them responsible for any losses you may incur in this matter including hire car for the time your car is off the road for repairs..

What is not clear from your report is whether roadsweeper was passing on your side of the road to avoid an obstacle on his side of the road.

If there was an obstacle then the reckless driving bit is going to be more difficult as it will be an issue as to who entered the narrow part of the road first.
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Del Boy

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Re: Just been hit in the BMW
« Reply #13 on: 27 August 2010, 15:18:51 »

Nothing his side of the road, put it this way, two buses got through whilst taking the pictures.
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pscocoa

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Re: Just been hit in the BMW
« Reply #14 on: 27 August 2010, 15:31:45 »

As said by others - an independent witness is important. When it happened to me I was fortunate to have one as the driver of the other vehicle at first denied his wrong doing. They did not push it too much as it was a company car and settled all my costs.

Maybe you will be lucky with this also as road sweeper driver will not have any personal financial loss if they admit liability. The terms of their insurance will probably prevent them from openly admistting liability so you want to be in dialogue with their insurers as soon as possible if company is not going to settle directly. Get an estimate of damage and estimate of car hire charges as soon as possible and forward it to them - if they recognise that you are administratively organised to deal with this they may see sense at an early stage, oh and ask for name and address of their insurers.
« Last Edit: 27 August 2010, 15:32:40 by pscocoa »
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