Dual Carriageway Crash
05-03-2006, 12:33 AM
#11
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My Ride: 520d M-sport - Steptronic - Carbon Black - Auburn Leather - Mem Seat - Cup Holders - Nav Pro - Light Pack - Dim/folding mirrors - Adv Airco - PDC - Aux/in - Non-smoke pack - De-badged - Delivery Mar 31, 2006
Laws are very country specific,
I can tell you that in Belgium you need permission to record, if not, the evidence will not be admissable in court. A witness would be better, if not the judge may decide each has to pay their own repair.
Best is of course if the other party makes a statement about his/her stupidy on the European accident form.
I can tell you that in Belgium you need permission to record, if not, the evidence will not be admissable in court. A witness would be better, if not the judge may decide each has to pay their own repair.
Best is of course if the other party makes a statement about his/her stupidy on the European accident form.
05-03-2006, 03:42 AM
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Same here, I hope I never need to use it but I might get one too. The thing is in a moment of panic will I remember that I am carrying a tape recorder? That remain to be seem!
05-04-2006, 01:47 AM
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Update2:
The recording isnt admissable as evidence. It wouldnt stand up in court so they cant really use it. They can look at it and listen to it but thats about it. Its more to do with the investigators who look at the damage done to both cars.
The guy has done a u-turn btw. He says its all my fault.
Im praying that truth and justice win the day. Otherwise i may have to become a super hero to dish it out batman style
The recording isnt admissable as evidence. It wouldnt stand up in court so they cant really use it. They can look at it and listen to it but thats about it. Its more to do with the investigators who look at the damage done to both cars.
The guy has done a u-turn btw. He says its all my fault.
Im praying that truth and justice win the day. Otherwise i may have to become a super hero to dish it out batman style
05-04-2006, 02:15 AM
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Sorry to hear about this JayJay.
But at least you're fine, and the car will be fixed....
With regards to the guy doing a 180 on who's at fault, get the investigators to at least listen to the tape, it's better than nothing, and surely will influence somehow on how things go foward.
But at least you're fine, and the car will be fixed....
With regards to the guy doing a 180 on who's at fault, get the investigators to at least listen to the tape, it's better than nothing, and surely will influence somehow on how things go foward.
05-04-2006, 04:28 AM
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Originally Posted by JayJay' post='277898' date='May 4 2006, 10:47 AM
The guy has done a u-turn btw. He says its all my fault.
05-04-2006, 08:27 AM
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I hope it gets sorted soon - seems like a no brainer to us but hey it's not us that need the convincing !
Mine is in garage at the minute as someone hit me in a car park - no probs with liability.
I have also claimed for a hire car from him and am currently running around in a 730d SE !
If fault confirmed as his by insurers I can let you know who to use to make such a claim
Mine is in garage at the minute as someone hit me in a car park - no probs with liability.
I have also claimed for a hire car from him and am currently running around in a 730d SE !
If fault confirmed as his by insurers I can let you know who to use to make such a claim
05-04-2006, 11:18 AM
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I should get a decent car. The bodywork will be taken care of by a main dealer.
So far they have provided me with a 523i SE (brand new)
325i touring (brand new)
and the next time its in for some niggly things an X3
Ive had a 525d, 530d and a 120d from another dealer too..
I aim to have driven the entire range by the end of this year
So far they have provided me with a 523i SE (brand new)
325i touring (brand new)
and the next time its in for some niggly things an X3
Ive had a 525d, 530d and a 120d from another dealer too..
I aim to have driven the entire range by the end of this year
05-08-2006, 12:36 AM
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Quick update:
Damage cost came in at 1900 quid. so around 2500 dollars for you american guys and girls.
I was told by the insurance company that the tape was inadmissable because it couldnt be used in court and we would have to rely on him just saying 'it was my fault' which of course he wouldnt.
However due to the powers of the internet i happen to know an Oxford educated London Barrister whos not much older than myself.
He informed me that due to the Wolfe reforms of 2000 and the Civil Procedure Rules which came into effect that same year, all evidence is now admissable and the defence can only argue it was made under duress etc etc.
He said the only reason they didnt want to take it is because either they didnt want the hassle of listening to it or reading the transcript or they hadnt got a clue about UK law.
I phone them and informed them of this and now magically the insurance company are saying 'send us through a transcript and CD with the audio on and we will send it to their insurance company if you have been informed it can be used by a lawyer'.
I mentioned Wolfe and CPR and the guy on the end of the phone went 'hmmm yes..'
Checkmate.
Damage cost came in at 1900 quid. so around 2500 dollars for you american guys and girls.
I was told by the insurance company that the tape was inadmissable because it couldnt be used in court and we would have to rely on him just saying 'it was my fault' which of course he wouldnt.
However due to the powers of the internet i happen to know an Oxford educated London Barrister whos not much older than myself.
He informed me that due to the Wolfe reforms of 2000 and the Civil Procedure Rules which came into effect that same year, all evidence is now admissable and the defence can only argue it was made under duress etc etc.
He said the only reason they didnt want to take it is because either they didnt want the hassle of listening to it or reading the transcript or they hadnt got a clue about UK law.
I phone them and informed them of this and now magically the insurance company are saying 'send us through a transcript and CD with the audio on and we will send it to their insurance company if you have been informed it can be used by a lawyer'.
I mentioned Wolfe and CPR and the guy on the end of the phone went 'hmmm yes..'
Checkmate.
05-08-2006, 06:14 AM
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Originally Posted by JayJay' post='277898' date='May 4 2006, 10:47 AM
Update2:
The recording isnt admissable as evidence. It wouldnt stand up in court so they cant really use it. They can look at it and listen to it but thats about it. Its more to do with the investigators who look at the damage done to both cars.
The guy has done a u-turn btw. He says its all my fault.
Im praying that truth and justice win the day. Otherwise i may have to become a super hero to dish it out batman style
The recording isnt admissable as evidence. It wouldnt stand up in court so they cant really use it. They can look at it and listen to it but thats about it. Its more to do with the investigators who look at the damage done to both cars.
The guy has done a u-turn btw. He says its all my fault.
Im praying that truth and justice win the day. Otherwise i may have to become a super hero to dish it out batman style
Yep - no recording is admissable in evidence unless the person in question was warned that the recording was being made. That's why you hear those messages when you ring call centres and also why the Chief Constable of the Met Police got in hot water lately after recording conversations with the Lord Chancellor without warning him (very naughty boy).
Anyway - I shouldn't worry about the blame bit, just make sure you state what was said by the other chap on your claim form and leave the rest to the insurers.
As I understand it - you claim off your insurer and it is up to them to pursue (and benefit from) the claim against the other parties insurers. Either way - unless you have it protected you are going to lose your no claims bonus (sucks).
This is why you are paying for fully comprehensive insurance, so you are covered no matter what the other drivers status.
It's pretty common for people to admit guilt at the scene, but they NEVER admit guilt on the claim form - for obvious reasons.
Good news is - if you hadn't braked this could have been a LOT worse (in fact either one of you could have been toast!).