This Hurt

dgmx5

Member
Messages
1,142
@BJL glad to hear that you are physically ok and that the experience has not affected you too greatly. Also thank you for sharing your experience in such a measured way when if it had happened to me I might not have communicated my feelings quite so politely.

I recognise that there are many opinions on this forum that differ from mine, and I try to listen to them all including those on the more infamous threads, but I feel myself finally reaching for the ignore button.
 

philw696

Member
Messages
25,119
I have a niece in the UK who went from being a normal teenager into anorexia and has tried to take her life numerous times even being institutionalized for the last 15 years.
It's heartbreaking and I don't think she will get better sadly.
What the answer is i really don't know.
 

Wanderer

Member
Messages
5,791
Have a friend who sectioned himself 3 times and was sectioned again twice. God he was in a bad way, long mood swings, happy and normal for a year or more, then a year or more of total misery, hence the sectioning. He was on lithium to help him but it never worked - £2k a pop to the tax payer. I've no real clue what drove him to this, and I don't think he did either, no real family trauma, very happy childhood.

Anyway he calls me one day from Scotland (met hime there, I was in Leeds then) asking if he could come down and stay because he was in a bad way and couldn't cope. Me and the missus met him in town (in the Scabby Taps!) and he told what he'd done a few days ago. He'd sat on the tracks on the West Coast Mainline with his back to the traffic and waited. After a few minutes he heard the train and steeled himself, train went past him, typical James! That's his name. So he moved to the other line and waited. Heard the train coming but couldn't go through with it and rolled off. And called me next day.

Anyway he met my (Russian) partner (no, not mail order, met her in Russia!) and that inspired him to look for another woman (his wife left and divorced him, because of his mood swings). We had a good time, some laughs and he cheered up no end. Went home and not long after he told me he'd 'gone foreign' met a Romanian girl. After a while they married and he's never looked back. That was 2013, no return of the Black-eyed Dog, one happy bloke.

I think you can do a lot ny just been there for people and not trying to avoid uncomfortable situations, image if I'd said 'no, mate, too busy' - he's a mate full stop so that would never come from me though I know people who would do that.

I am reminded now of Nick Drake, Black-eyed Dog..



 

azapa

Member
Messages
1,300
Glad to hear you were unscathed, and the new toy is certainly an indication of your good mental health. Enjoy it.

I (and my family) survived an armed car-jacking on monday night (talking of nightmares) and am looking to get a dash cam, although I'm rather wondering if I could handle seeing the footage afterwards though!? I could barely watch yours.
 

Scaf

Member
Messages
6,512
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.
To be perfectly frank, if she wants to take her own life through driving a car into someone or something, a driving licence and insurance will be the least of her worries.
 
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Froddy

Member
Messages
1,072
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.
Unfortunately, having now read the MIB Articles of Association and the Uninsured Drivers Agreement, I think Zurich Private Client are right about the vehicle damage claim.

The position appears to be that an Article 75 insurer stands in the shoes of the MIB if there is/was a policy in place for the third party vehicle.

The MIB is an “insurer of last resort”, so this means that it is not liable to compensate for any insured losses which can be recovered through the accident victim’s own insurance - it will only cover uninsured losses. As the Article 75 insurer’s position is akin to the MIB in this situation, it means that it is not liable to pay out for your car if your own insurers would cover it under your comprehensive policy.

However, uninsured losses (if not covered by your own policy) such as your injuries, excess, hire car, medical treatment, loss of earnings etc suffered by you will be met by the Article 75 insurer. So it certainly isn’t the case that they can use Article 75 to duck any liability, however they’re avoiding a huge loss here due to the value of the car.

Apparently, your NCD should not be affected (hardly any consolation, I know!).

I’m so sorry - what a complete nightmare for you ...
 
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MarkMas

Chief pedant
Messages
8,796
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.

I suppose it is hard to bring yourself to drive right off the road, even as a reflex in the face of obvious oncoming disaster. Also, if there is time for decision-making, it's arguably better to go for a good solid head on than to take a side impact (even glancing) which only puts a door (not an engine) between you and the other car.

Having said that, the oncoming driver does seem not to have pulled out suddenly, but to have been in that lane for a while (hard to tell) and the Peugeot driver appears to have had 1-2 seconds from noticing and braking to steering and impact.

84365

Also, I think it is well known that in a crisis, most drivers either brake or steer, but not both, which makes ABS somewhat pointless.
 

GeoffCapes

Member
Messages
14,000
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.

I guess the only positive is that your insurer will pay out your claim and you will be reimbursed.
You will have a no fault claim on your policy.
And you are alive.

Let Zurich earn their money to try and get their money back.
This is why good insurance is essential.
 

conaero

Forum Owner
Messages
34,593
Just seen a Barclaycard advert which references 75 as a positive thing, sort of added protection
 

lifes2short

Member
Messages
5,821
all the same these insurance companies, if there's any wriggle room they'll find it, remember a couple years ago an insurance company wouldn't pay a family on a house fire because the insurance company argued the 2 rooms in the loft that were used as store rooms and had no buildings regs anyway should of been disclosed as bedrooms, work that one out if you can
 

philw696

Member
Messages
25,119
The 240 series were farm good cars though and not many other manufacturers could do that and carry on.
 

Wack61

Member
Messages
8,764
Glad to hear you were unscathed, and the new toy is certainly an indication of your good mental health. Enjoy it.

I (and my family) survived an armed car-jacking on monday night (talking of nightmares) and am looking to get a dash cam, although I'm rather wondering if I could handle seeing the footage afterwards though!? I could barely watch yours.

Armed car jacking! that sounds horrific , hope you're all OK , did you do the sensible thing and give up the car