A6 no more, written off by drunk driver :-(

[Pat_McCrotch 0]

Some people have already seen this on my facebook, but as well as being Corrado-less I am now completely car-less thanks to a complete **** :mad:

 

I was returning home from town with my old dear in the passenger seat. The family wanted Fish and Chips and I was asked to go and get them, I wasn't eating as I had planned to go to a friends Birthday meal. Which is what makes this story all the more annoying.

 

Driving past the local Pub and I see a silver Hyundai Elantra coming out of the car park at what appeared to be 1st gear coasting speed. However, the driver made no attempt to stop, look either way or even turn either direction, he was heading straight for the other side of the road!!

 

I was traveling at dead on 30mph (32mph on Speedo) and despite my hand on the horn for a good 3 seconds and a swerve to the middle of the road (there was a Renault Espace coming the other way) he whacked my near side rear door, wheel and quarter panel with good force This put the car into slide/drift towards the kerb which I couldn't recover from (hence wheels on full right lock in the pictures), skidded over the pub courtyard and mounted the wall of the Pubs next door neighbours.

 

The family in the Renault Espace saw the whole thing and the husband stopped the car and asked if we were OK. He then confirmed that it definitely wasn't my fault and went to chase the other driver, who had reversed back into the pub car park and was heading back into the Pub. The witness stopped him despite threats by the person who hit me, the concern was he would go back into the pub and have another drink to try and affect the breathalyzer reading. The witness was a saint and I'm glad he stopped, I never even spoke to the person who hit me, I probably would've lumped him if I had.

 

The Landlord then came out, said he was upstairs when the accident happened and admitted he hadn't witnessed it, but then accused me speeding (!!!) The witness in the Espace immediately came to my defence and said "I saw the whole thing and there is no way he was speeding. I hope for your sake your customer isn't drunk as it'll be publicity you don't need."

 

My Old Dear had a bruised knee and whiplash and was obviously shocked and in tears, I myself have minor whiplash although at the time I was running on adrenaline so didn't really feel much expect anger! The people in the Pub brought my Mum inside and sat her down with a cup of tea whilst the witness in the Espace and myself controlled traffic until the Police arrived who immediately took breath samples of the Hyundai driver.

 

At the time of the roadside test he was just over 2 times over the drink-drive limit. When they got him to the station he was nearly 3 times over the drink drive limit. I was zero obviously! After an hour at the pub, another hour at the station and another 3 hours at A&E getting our whiplash checked out I arrive home at around 10pm, only to receive a call from the Police;

 

"I'm really sorry to tell you this Sir, but I'm afraid the Gentleman was banned for Drink Driving last year, he therefore does not have a current valid driving license and therefore does not have insurance."

 

So, no claims bonus will be lost and i'll be out of pocket it seems! :mad2:

 

 

However, there is a further twist. I returned to the Pub this afternoon to find the car that hit me still in the Car Park and not yet recovered. I phone the Police to give them an ear-bashing as to why a uninsured vehicle has still not been recovered and impounded, only to be told that because his Wife owns and is insured in the car they cannot take it.

 

Me: So, has he been charged with theft as well?

Operator: Pardon?

Me: If he has taken her car without permission, it is theft. Therefore he should be charged. Or, if she has given him permission to drive her car without insurance, she should be charged with failure to comply with insurance for a 3rd party driver.

Operator: Oh, I never thought of it like that.

 

I dispair, I really do!

 

Any advice on how I can get out of this as easily as possible? What's rediculous is that they have realeased the guy on bail and I heard he went straight back to the Pub and started drinking again!! :mad:

 

 

 

The pictures speak for themselves;

[Majik 0]

Sorry to hear that and am gutted for you mate, it seems the Audi definately came out worst off, i hope everyone is ok.

Check the website Askmid and check if that car is on the insurance database.

I think you should claim for compensation and albeit the guy was not insured the car was so i think you've got good ground but find out from a specialist where exactly you stand.

[OSV 0]

You are right in thinking that as the owner and insured party the wife will have to decide

 

a That he took the car without her consent (the offence of Unlawful Taking of a Motor Vehicle) He would be prosecuted.

 

b She permitted him to take the vehicle despite being uninsured and not holding a licence (Use, cause or permit the use of the vehicle) In which case she would be prosecuted.

[Toad 0]

As the car is insured by her, and if she let him take it, then surely you could claim on her insurance?

 

What a sperm recepticle.

[coullstar 0]

Just shows some people do not learn. He should not be allowed a license ever again. Imagine if that had been someone on a bike. I would have been up on a murder charge if it had been me that was hit. At least you and your family are not badly hurt.

[Pat_McCrotch 0]

As the car is insured by her, and if she let him take it, then surely you could claim on her insurance?

 

What a sperm recepticle.

 

Well, this is why I'm hoping she'll say it was nicked. As I believe in that case I'll be able to reclaim my excess :(

[vr6storm 0]

http://www.mib.org.uk/Customer+Services ... efault.htm

ask the advice of the above

 

as for the operator at the Police to be fair on them they are basically normally just civilians and have no real knowledge of the relevant laws

[Toad 0]

As the car is insured by her, and if she let him take it, then surely you could claim on her insurance?

 

What a sperm recepticle.

 

Well, this is why I'm hoping she'll say it was nicked. As I believe in that case I'll be able to reclaim my excess :(

 

In either case. Do you want me to start collecting turds to post to them?

[ANDREW 30 0]

Could you not calm against her insurance being the car was insured.

This is a different type of case, but years ago my mum was driving through town when a dog ran out from behind a parked car it made a hell of a mess of the car when she hit it.

The police were involved, the dog survived and the owners found.

My parents somehow claimed against the dog owners house insurance!

[colinstubbs 0]

If he has taken her car without permission, it is theft. Therefore he should be charged. Or, if she has given him permission to drive her car without insurance, she should be charged with failure to comply with insurance for a 3rd party driver.

 

This must have some legs for you to persue. people like this piss me off big time. :( :cuckoo:

[boost monkey 0]

Just read this and absolutely gutted to hear about it.

 

Deffo agree that either driver or car owner are liable for prosecution of some sort though.

[Jonny777 0]

People like that should be banned from life in general. The law obviously means nothing so lock him up and throw away the key. He could very easily have killed someone. Thank god he didn't!

 

I hope it all gets sorted out in the end buddy.

[dragon green 4]

Stories like this make my blood boil ! Why should the innocent parties always have to pay ?

Glad your ok Pat,i hope you get it sorted.

[Jim 1]

This country makes me despair, it really does.

 

He's clearly a regular in there then and all the people he socialises with in there, probably including the landlord, would know full fecking well he'd been banned for drink driving. So not only that, but they probably sit in there setting the world to rights about what's wrong with the UK these days and then he proceeds to try and drive home uninsured, pissed and without a valid license.

 

The police should throw the book at him. But I bet you end up getting shafted out of all of this.

 

That Espace driver sounds like a real life saver.. as usual you'd have been victimised in this because you're still a youngish guy therefore you MUST have been speeding. Twunts.

[fla 9]

As the car is insured by her, and if she let him take it, then surely you could claim on her insurance?

 

Sorry to hear about this, hope you and your mum are ok.

as Toad says perhaps this is a possible route? Either she has insurance or she doenst in which case if she does you could claim against her policy, if she doesnt thn its a criminal prosecution against her.

And it looks like a very nice street, somewhere you would expct such an incident to occur.

[Peteg60 0]

Should organise a group kickin for him,it's what people like this deserve!!! :)

 

 

Sent from my iPhone using Tapatalk

[Yandards 0]

Shocking and bloody annoying but ultimately I can't say I am suprised.

 

As Jim said, this tool is clearly a regular offender coupled with a landlord and a bunch of mates that know what he does and let him get away with it.

 

Coppers should be charging the landlord with serving a drunk too.

 

Hopefully it will mean a custodial sentence this time, idiots like this should be on the end of a lifetime ban as well. It's cases like this that make me think that DNA scanners in cars to enable driving would be a good thing!

[greasegriff 0]

Just seen this post after seeing your post in my thread...the penny has dropped!

 

It's one of those stories that really annoys you as it could happen so easily to any of us. As has been said, it's shocking how our insurance and criminal justice system is set up not to protect the innocent.

 

I hope it all gets settled quickly for you anyway. And, as has been said, lucky that you're all OK. Things like this have a habit of ending badly so I guess that's the silver lining.

[Kevin Bacon 5]

This car felt effortlessly quick and handled surprisingly well for such a big and heavy lump of German granite! I was so impressed with it I asked Neil for first dibs if he ever sold it. I really fancied it as a daily.

 

So after all the evenings we spent on it getting it up to Neil's very high standards, it's all the more gutting to see it buried in a wall :(

 

And obviously an extra portion of gutting has been served to Neil by losing both his car and NCB whilst drunken c'nt face walks back into the pub with nothing more than a slapped wrist.

 

It's bad enough reading stories like that in the paper but when it's someone you know and local, it makes you want to go find this man and update his face with Roughjustice.exe

[andy 0]

Amazing what can happen at 30 mph! :eek:

[Danny B 0]

Amazing what can happen at 30 mph! :eek:

 

.......and a F%$K face at the wheel.

 

thats exactly what I was thinking :pale:

[Jim 1]

This car felt effortlessly quick and handled surprisingly well for such a big and heavy lump of German granite! I was so impressed with it I asked Neil for first dibs if he ever sold it. I really fancied it as a daily.

 

Exactly how I feel about these sorts of cars. Modern, comfortable, spacious and fast. And not that expensive! The ultimate daily.

[SamG40 0]

Gutted for you that really is awful. Sounds like your witness was a star, you'd possibly be in an even worse position without him.

 

Good luck with it all.

[Conker 0]

What a total scumbag. At least you wasn't hurt too much. Hope things work out okay with the insurers in the end.

 

Someone hit my wifes stationery car in the snow and has managed to wriggle out of paying for the damage as no-on can proove it wasn't a 50:50 fault. God knows why he's said its her fault as they both lose their no claims now, so I'm not sure what he gets out of it.

[Kevin Bacon 5]

This car felt effortlessly quick and handled surprisingly well for such a big and heavy lump of German granite! I was so impressed with it I asked Neil for first dibs if he ever sold it. I really fancied it as a daily.

 

Exactly how I feel about these sorts of cars. Modern, comfortable, spacious and fast. And not that expensive! The ultimate daily.

 

Indeed. I wouldn't keep one over the long term though. With so many multilink suspension parts to maintain, it can get real expensive real quick. For the price cars like these go for, you could find the best FSH example, keep it a couple of years and then bin it and get another one when it needs all 30 odd suspension bushes replacing :D