This Hurt

philw696

Member
Messages
25,114
Fuckety ar5e, Barrie, that’s grim. What a horrible situation. I’m glad you’re ok, though, and also that you have a suitable replacement.

I’m impressed at how well the FF protected you. I’d say that kind of crash protection rating should be added to the man-maths calculator. It could swing many an argument towards the right outcome.
So Peter @safrane really doesn't need a Volvo.
 

GeoffCapes

Member
Messages
14,000
Article 75 has been around for years. Although like all policies gets amended over years.

From my insurance experience (although I haven't been in that game for over 10 years now), is that motor insurers will still pay the claim, they are legally bound to.
However, they will seek recourse from the driver. So you should still be paid out.

Caveat. Insurance may well have changed since I got out of that malarky.
 

rockits

Member
Messages
9,167
Whilst I agree with your point about insurance companies, what boils my p1ss is the selfish cow making HER problem someone elses. You want to pop your clogs b1tch, fine, just don't do it if it involves an innocent party. It's like people who throw themselves in fron of a train. Soneone has to clear up the "mess".
Wow, well that is being sympathetic and companionate to clearly a human being with some issues that needs help. Clearly her mind is not her own and sane at this point. I'm not sure she ever thought or intended to cause harm to others as part of her thought process. If there was.much of one. If it was then this is clearly attempted manslaughter or similar.

Did you never have difficult times in your life? Never made a mistake of any severity? When a kid spills there milk what do you do......slap it in the head?

I am far from woke or will not ever bow down to PC pressures and be weak in my passion, thoughts or actions. Don't you think that your thoughts are a little harsh though?

Would you feel OK if you found some tough times and people/society completely shunned you, outcast you and forgot about you when you hit bad times and needed them the most?

I agree with Adam that it is great to see the Fezza came through the ordeal in decent shape also glad to see the lovely replacement. Glad to see your healing process has started soon and hopefully it can be accelerated with such a fine automobile so you can put this behind you.

I was involved in a fatal RTA some years back and it was a truly terrible experience. Luckily it wasn't my time to go then but at the time I thought it was. It took many months maybe years to sort of get over it and I still have thoughts about it now sometimes. It doesn't affect me now but it did for a while.

Feel free to drop me a message or have a chat or a meet and coffee/beer at any point. If I can help in any way as someone who has been possibly in a worse situation don't hesitate. Would give me a great excuse to purr over the new acquisition! Just lovely
 

rockits

Member
Messages
9,167
I was thinkkng of chopping in my work Outlander PHEV commercial for a 2nd hand new shape XC90 T8 but not convinced about the idea yet. They are down to 20k now which reasonable VFM. Either that or maybe a new Skoda Enyaq but just struggling to come to terms with the seemingly premium prices of EV's at the moment.
 

BJL

Member
Messages
1,364
Article 75 has been around for years. Although like all policies gets amended over years.

From my insurance experience (although I haven't been in that game for over 10 years now), is that motor insurers will still pay the claim, they are legally bound to.
However, they will seek recourse from the driver. So you should still be paid out.

Caveat. Insurance may well have changed since I got out of that malarky.

That is how it should be but below is an extract from Zurich Private Client Legal team who i would assume are among the best there is and wouldn't advise as such if it were not so.

I write further to the above matter.

The third party insurers have now admitted liability but are acting as an Article 75 insurer only. In essence, this means however Article 75 insurers do not handle or deal with vehicle claims.

Due to this the only option we have moving forward is to ask your insurers, Zurich to authorise your repairs and reimburse the garage for the repair cost. Please can you confirm you are happy for me to contact Zurich regarding this?


I understand that it is a frustrating situation as the accident was not your fault however; due to reasons we are not privy to, the third party insurers are only acting on an Article 75 basis and therefore we cannot challenge this decision or force them to deal with the vehicle element of your claim.

So there we have it black and white or red in this case.
This issue is clearly open to interpretation but the writing is on the wall for many of us as off the record i was told that many of the 'Price point internet only' insurers that chase new business purely on the attractiveness of the premium cost are using Article 75 more and more. The comment was 'some insurers will always pay out unless there is a very compelling reason not to whereas some insurers will never pay out unless there is an overwhelming reason why they should' Stands to reason really, you get what you pay for.
 

bigbob

Member
Messages
8,952
Fuckety ar5e, Barrie, that’s grim. What a horrible situation. I’m glad you’re ok, though, and also that you have a suitable replacement.

I’m impressed at how well the FF protected you. I’d say that kind of crash protection rating should be added to the man-maths calculator. It could swing many an argument towards the right outcome.
Yep two tonne car versus one tonne car is the main variable. Thankfully the accident was offset.

I agree with Ewan about the initial reaction that people may have had. Thankfully there were other vehicle involved and a dash cam. You are some resilient character BJL.
 

bigbob

Member
Messages
8,952
I was thinkkng of chopping in my work Outlander PHEV commercial for a 2nd hand new shape XC90 T8 but not convinced about the idea yet. They are down to 20k now which reasonable VFM. Either that or maybe a new Skoda Enyaq but just struggling to come to terms with the seemingly premium prices of EV's at the moment.
At the risk of making this a Volvo forum, the XC90 is a brilliant car. I chopped my Discovery4 for a T5 with air suspension two years ago and am very happy with it. I’m not a fan of the T8 as it has a strange 4WD system with a FWD powerful engine and a RWD electric motor and a system that does not seem to get the two to chat to each other as well as it might. Mind if you are not driving in snow it would be hard to tell and the T8 is cheap second hand as it is mainly bought new as a company car tax fake low CO2 dodge but you already have a car which was launched on the same premise so go for it. The good news is that no one hassles you in a Volvo unlike X5/Q7 etc.
 

Gazcw

Member
Messages
7,696
The woman who hit me was trying to commit suicide, she had her mental health carer in the car and she said to her ' I'm going to end it all' and pulled out into the oncoming traffic and accelerated. she was doing over 60 and I was doing 40 so quite a bump.
She was arrested at the scene but the political issues around mental health are complicating things for the police who want to charge her for Dangerous driving with intent to cause injury or death but so far the CPS are not helping. Can't say more at present.

Her insurance company invoked Article 75 which means they totally disowned her and will not pay out for anything or anyone because her actions were deliberate.
Apart from a bad back and whiplash I'm OK. Could have been worse.

I'm with Zurich Private Client who have said they will cover my loss but what impact on my ongoing policy cost is yet to be seen and when they will pay out is in the laps of the gods.
My Lusso had a bent A pillar at the bottom of the door and a bent floor section so it has been written off Cat B so has to be broken up.
So bought this beauty to cheer myself up
View attachment 84338
View attachment 84339
View attachment 84340
Grigio Silverstone with Terra Bruciata (scorched earth) faragamo inspired special leather interior
Wow! Sorry I did not realise it was you. What a nightmare but glad you are ok.
 

lifes2short

Member
Messages
5,821
this might come across as unsympathetic and good to know everyone was uninjured, but i would of thought that the main person that may need counselling was the car in front, BJL clearly had a bloomin shock but not s
That is how it should be but below is an extract from Zurich Private Client Legal team who i would assume are among the best there is and wouldn't advise as such if it were not so.

I write further to the above matter.

The third party insurers have now admitted liability but are acting as an Article 75 insurer only. In essence, this means however Article 75 insurers do not handle or deal with vehicle claims.

Due to this the only option we have moving forward is to ask your insurers, Zurich to authorise your repairs and reimburse the garage for the repair cost. Please can you confirm you are happy for me to contact Zurich regarding this?


I understand that it is a frustrating situation as the accident was not your fault however; due to reasons we are not privy to, the third party insurers are only acting on an Article 75 basis and therefore we cannot challenge this decision or force them to deal with the vehicle element of your claim.

So there we have it black and white or red in this case.
This issue is clearly open to interpretation but the writing is on the wall for many of us as off the record i was told that many of the 'Price point internet only' insurers that chase new business purely on the attractiveness of the premium cost are using Article 75 more and more. The comment was 'some insurers will always pay out unless there is a very compelling reason not to whereas some insurers will never pay out unless there is an overwhelming reason why they should' Stands to reason really, you get what you pay for.

that's a real bugger and will be on record as an accident/claim affecting your future premiums even though non fault
 

philw696

Member
Messages
25,114
Well after reading all this I'm glad I still use an insurance broker.
When self employed in the UK i had three road accidents in customers cars not my fault but both expensive and one act of vandalism done to my wife's car.
All were dealt with painlessly by my independent broker.
 

Harry

Member
Messages
1,149
I think I will get a dash cam after seeing that accident. I wonder if the driver in front could have avoided the smash by driving onto the verge a moment earlier? I know there was a kerb, but 40mph isn’t overly fast to do it. They would have seen that the approaching car wasn’t going to pull in as they couldn’t. Oh for the benefit of hindsight, lardy-dah and all that.
 

Wack61

Member
Messages
8,764
Because the CPS are concerned about the political repercussions of charging her due to her mental health the police had to release her after 28 days. She has no insurance, the DVLA will not revoke her licence until charged and found guilty so she is now able to drive again on her daughters insurance.
Keep death off the road has a hollow ring around where I live

How can she be insured in her daughters car, surely declaring this incident would void any insurance or does she have to do it again to void her daughters policy, and who would let her drive their car knowing she's likely to veer into oncoming traffic

Welcome to 21st century Britain where if you're mentally ill and have no assets you can do whatever you want and walk away from it
 

safrane

Member
Messages
16,748
Given 1/4 of the population suffer for a mental health condition at one time in their lives in the UK is it any wonder the support available is pretty slim.

There are so many conditions that affect a person's state of mind it is very difficult to put a line in the sand as to what can/should be done to help them as well as help the population.

Being detained under the MH Act is at the top end of restrictions and unless you want to pay all your earnings into our heath system it is unlikely that we will see the levels of support/restrictions proposed here.

I deal with a suicide every week, and just as many attempts/crys for help/ manipulation efforts... yes its a huge problem even more so here in the West... Still it has its up-side... its how I met Charlie, God bless her.
 

spkennyuk

Member
Messages
5,931
I think we all understand that the lady clearly needs intensive professional help as a matter of urgency.

CPS not wanting to prosecute due to the ongoing mental health issues is one thing but on the grounds of this being her 3rd attempt to kill herself and others in the process something has got to give before innocent people get killed.

Surely at this point the local council health care department have to step in and have the lady commited for a period of time so that she recieves the help that she desperately need as the first priority and secondly to ensure that she can not cause permanent injury, harm or even death to others in her efforts to end her own life.

As regards to her driving licence. Her doctor can write to the dvla to have the licence suspended or recinded for X period of time. They use the same process for people with controlled epilepsy. It does however mean that either her own doctor or a doctor from the mental health care team that supports her has to step up and complete the process.

Suspension of her licence will mean she cant get insurance and can not be placed on another persons policy either. What it wont do is stop her either using a car uninsured or taking a car without consent.

You have to wonder if she had managed to kill her care worker in the latest attempt how mental health authorities would defend not taking commital action sooner to avoid an unnecessary death.

Glad the OP is ok and recovering from an ordeal that covid or not should not have been allowed to happen after the 2nd attempt.