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Penfold1967

Goodbye my friend.

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Insurance claim has now been settled so I can publish this, it happened when I ran into a stationary car in Lane 3 of the motorway. Driver stopped as they could not see due to low sun, van in front of me suddenly swerved to leave me with a windscreen full of Audi Q5. No braking distance so still doing approx 50mph when I hit her.

Wife and son in the car with me ,  and only injuries are bruises and aches and pains .

 

The main thing is this shows everyone what a well designed and built car the F10 is .

Front Airbags and side curtains deployed and with the seat belt pre-tensions all added up to protect us in the cabin. Wings deformed to ensure the doors could still open and engine bay crumpled so no damage to the passenger cabin either as the car is designed to do . Airbags hurt , but save your life !!

 

Insurance company wrote off my car , repaired hers , paid her for Whiplash and loss of earnings as it was my fault . The total insurance bill was £49,375.21 ... Car has now been rebuilt by someone and put back on the road

 

So all in all I'll miss the 5'er but glad I had her for the accident as in another car we may not be here...

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I'm sure there will be plenty of comments criticizing the person you hit for stopping in the middle of a carriageway, but it is what it is. The main thing is you all walked away. Crumple zone did what it was supposed to do, as did the airbags. What's next / what did you replace it with?

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Wow, this nearly happened to me before christmas.

 

I was driving a Jag XJ Limo. It was dark and raining. In the distance, I saw brake light flashing fast. Thanks to my understanding, I knew what that meant. I disengaged the CC, and slowed down. As I approached, it was a car in lane two, which had stopped, cars were swerving all over the place, and I managed to miss the stationary car and the other cars swerving all over the place. I had a car load of passengers with me, they were really scared. If I had not have known what red flashing lights had meant, it could have been a lot worse.

 

I feel for you Penfold, my incident could have been very similar, so, I understand what you mean. Glad everybody was ok.............

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6 minutes ago, BFleming said:

I'm sure there will be plenty of comments criticizing the person you hit for stopping in the middle of a carriageway, but it is what it is. The main thing is you all walked away. Crumple zone did what it was supposed to do, as did the airbags. What's next / what did you replace it with?

 

Currently driving a 8 yr old focus , now the insurance is settled I can start looking but it won't be a BMW my insurance is now pretty horrendous, probably  a Golf or something like a Golf but not a golf :-).

 

 

Edited by Penfold1967

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Never mind the twisted metal for now or who's fault it is.

 

#1 thing is everyone is all o.k. That's all that matters.

 

Cars can be replaced and rebuilt, you and your passengers, well it's a bit more difficult. 

 

But yes, they are impressively designed when it comes to safety doing their job to protect the occupants. Sad thing is you only find these things out when it goes wrong.

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4 minutes ago, 535i Andrew said:

Never mind the twisted metal for now or who's fault it is.

 

#1 thing is everyone is all o.k. That's all that matters.

 

Cars can be replaced and rebuilt, you and your passengers, well it's a bit more difficult. 

 

But yes, they are impressively designed when it comes to safety doing their job to protect the occupants. Sad thing is you only find these things out when it goes wrong.

 

So true ...

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1 minute ago, jannism said:

My commiserations. Thanks for carrying out the practical real world test, I guess. Glad it’s behind you now. 

 

LOL we did feel like crash test dummies at the time , maybe BMW would give me a new car for a glowing safety reference :-)

 

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57 minutes ago, Penfold1967 said:

... my insurance is now pretty horrendous ...

 

 

Surprising that a single claim, even a large one, would have such a calamitous effect on your premium!

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13 minutes ago, Boba said:

Surprising that a single claim, even a large one, would have such a calamitous effect on your premium!

 

I have 9+ yrs NCD and its protected so I was hoping it wouldn't be too bad ...

but I also have a non fault accident 2 yrs ago where the other person drove into back of me , his fault but apparently I am still a risky driver because of that.

 

My 5'er premium was £380 last year , the 8yr old Focus 1.6D is £720 ... I got a quote on a SH 320d which was £1100

a new 116d would be about £620 apparently...

 

 

 

 

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Glad everyone is OK and it's sorted, at the end of the day it's only an insured asset. 

 

There is a part of the M1 I travel on most days that faces direct into the sun after the brow of a hill, its notorious for the same reasons by they put the signs to 40-50 when the sun is out. I still see the dickhead whizzing past me and think more fool them, because they think they can see it won't stop someone panicking and slamming on in front. 

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At the end of the day, it was only metal, but you & yours are all safe and sound! That's paramount

 

Yes, we all whinge re insurers and I bet this incident was a sting, but you walked away...!

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10 hours ago, Penfold1967 said:

 

I have 9+ yrs NCD and its protected so I was hoping it wouldn't be too bad ...

but I also have a non fault accident 2 yrs ago where the other person drove into back of me , his fault but apparently I am still a risky driver because of that.

 

My 5'er premium was £380 last year , the 8yr old Focus 1.6D is £720 ... I got a quote on a SH 320d which was £1100

a new 116d would be about £620 apparently...

 

 

 

 

£1200/yr here for my 520d with 6yrs ncb,2 non fault accidents and 3 points for sp30...

 

Try Aon motor, they were cheapest by far

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On 18/02/2019 at 21:27, BFleming said:

I'm sure there will be plenty of comments criticizing the person you hit for stopping in the middle of a carriageway, but it is what it is. The main thing is you all walked away. Crumple zone did what it was supposed to do, as did the airbags. What's next / what did you replace it with?

 

Glad everyone was ok but what sort of cockwomble stops in the outside lane because of low sun?!

Slow down yes, but don't stop ffs!

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I knew posting this that there would be people who would think I was a dickhead or that she was something similar , that wasn’t the point of the post it was to show  how much I owed to the design of the piece of metal . 

 

To address the the actual accident would take a long time and everyone would still have their own views 

 

At the time I blamed her and she admitted liability at the scene , but this quickly changed when she gave her statement to her insurance company 

My Insurance company refused to support me and told me that all costs would be assigned to me. 

The Police who attended the scene did not caution me or charge me with any offence,  and they said that we were probably both at fault.

 

one thing that was an obvious inaccuracy in her statement to Insurance company was that she was stationary behind standing traffic 

when I hit her she moved about 30ft down the road and if there was cars in front of her she would have hit the back of them , but she suffered no frontal damage ? 

 

Ultimately we were bith contributing to the accident 

 

 

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I always thought, and in my experience dealing with fleet at work the liability has always been with the last vehicle in line, not sure what would mitigate rear ending someone regardless of the reason they stopped. 

 

I'm sure we would have all ended up hitting her but the scenario even in a motorway would be they could be stopping for a pedestrian. 

 

 

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Glad you and your family are ok, that is a proiority and the car, ultimately, did it’s most important job by protecting you and your family. 

 

BUT whoever your insurer and/or solicitor were deserve bullocking for being utter bellends and not knowing basic RTA case law. 

 

I refer you (and your bellend representatives) to the case of Transport Frigoriphiques Laurent v Transportes Olloquiegui [2000] CL 489 where (I paraphrase) a lorry was driving on a motorway and collided with the rear of another lorry, which executed a emergency stop in front of it, after breakdown.

 

The driver of the lorry that broke down started a claim against the driver of the lorry that crashed into him however, this  was dismissed on the basis that the “abrupt and immediate halt of the leading lorry was not a foreseeable consequence on a motorway”.

 

If I was representing you the most you would get is a 25% contrib IMO but I would push for a 100% fault of the Audi driver. The moron in the Audi deserves no pay out whatsoever. Low sun in the winter months is common. The sun visior or sunglasses are there for that precise reason. 

 

Makes my blood boil to see how the insurer fucked you over and the presumptiom of “its a rear end shunt, case closed”.

 

fucking tragic.

 

 

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I've travelled from South Yorkshire to Chichester today, twice the traffic has come to an "abrupt and immediate stop" I've hardly been in lane 3 as I'm in no rush but both times I've witnessed it it's been lane 3, once for a strap from a lorry with a big ugly hook on it and not sure about the second time as I couldn't see. 

 

The issue with the strap was about 300m back due to the domino effect. 

 

I see it reasonably often. 

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