A little while ago, I had a slight bump with a car on the way home from work. It was nothing major, I was filtering slowly up the right of stationary traffic and he turned right into a sideroad in front of me. My original post with a full description of what happened is here:
Now the insurance companies are having a wrangle about it and the driver of the car seemed to think it was my fault. While I accept some blame, I fully believe that had he checked his mirror like you’re meant to before you turn right, he would have seen me and wouldn’t (hopefully) have made the manouver. I gave an exact and honest description of the accident in the report form and stated that I would not accept complete blame for the accident.
However:
Tonight he has obviously found out I am contesting the issue of blame and decided to call me up. We swapped phone numbers and addresses at the time of the accident with the intention (I thought) of sorting out without the insurance companies. He called tonight in a rage that I was contesting the issue and gave me two options
The Easy way- I ring my insurers, tell them it was all my fault and pay all the damage.
The hard way- I get a visit sometime soon at my home ‘and it won’t be nice’ -thats a quote.
I told him if he was going to threaten me I’d hang up the phone, he made a few similar threats about various ‘damage’ and ‘accidents’ that might happen if I didn’t change my story. I told him I wasn’t going to change it and with a bit of swearing the conversation ended. Now I’m well aware he is probably all mouth about this, but I live with an elderly relative and I’m not here most of the time. If this gentleman or his friends arrive on my doorstep, I don’t want anyone else involved. I can see 2 options for myself:
Wait and see if he’s telling the truth and see what he has in store for me.
Do something about the threat.
I’m not a violent person in any way shape or form, but I don’t take kindly to threats especially against innocent friends and family. Hence my posting here, I’d like some advice on what I can actually do about it. I can’t see any use in reporting it to the Police -it was a phone call and I have no proof he made any threats. So what do I do? Sit and wait to see if myself/ a relative or their property gets hurt?
Cheers guys hope I didn’t put you to sleep with the long post!
hell no! don’t let some arsehole bully you. ‘my mates are bigger than yours’ blah blah blah… If it was me, I’d be on the phone to the police now and then to the insurance company to report him for perverting the course of justice and making fraudulant insurance claims.
I had an accident in (my car) '95 where I was pulling out of a side road onto a main road, the car I hit had left his indicator on. Now, law is that I’m legally in the wrong. However, as he was negligent and driving without due care and attention, I was 2/3 liable, he was 1/3. So it can be done.
Personally, I’d get a piece of 10x4/baseball bat or scaffold tube and leave it by my door. Call his bluff, call the police and have him done for harrassment and threats of violence on your self and property. Let him deal with the **** that hits the fan and be prepared for anything that may happen. He could send someone around regardless of what you do… but wouldn’t he have done that already?
My dad always says ‘don’t tell your left hand, what your right hand is doing’ if he is ‘all that’ he wouldn’t of told you, he’d have done it. If it had been me, I’d have quoted two letters and hung up - he doesn’t know who you know does he? Enough said. :Whistling:
You must report this guy to the police immediately. He has absolutely no right whatsoever to threaten you with anything and certainly not to hassle you as he has been doing. Make sure you give the police as many details as you can, i.e. his phone number, name, address etc… also keep a record of all his phone calls, what he said etc as evidence, and record the conversations you have with him if you can.
Plus people like this don’t usually carry out their threats, they shout and huff and puff and all that happens is they get angry and anoyed and still loose in the end.
Hi peeps,
Thanks for the quick replies. I do have the driver’s name, address and phone number. Just as he has mine (as long as he provided the correct details at the time of the accident) but I’m fairly sure he did. I can provide them to the Police and he knows I have his details so I’m sure he’s not dumb enough to actually turn up and do anything…!!!
I agree Slarty, he probably is all mouth and you wouldn’t tell someone that, you’d just go and do it. Like I said he’s only threatened me the once (so far) and it was over the phone and I have no way of recording it. Still I’ll give the blues a shout tomorrow morning and see what they have to say about it.
Hopefully that will be an end to it. I’ll be extremely disgruntled if not.
With regards to the accident as already stated it reads as you both having fault,you for filtering and him for not checking mirrors first,hence the insurance companies fight it out.
The threats are a whole different matter,yes very hard to prove anything as you’ve no actual evidence apart from your word against his.That does not mean however that you cannot report it.It will be an allegation of crime that has to be investigated.An important part is that the details will be recorded,should something happen subsequently.
As you probably realize most threats are idle and made to intimidate.Do not allow the Police to fob you off,insist that the crime is recorded.
If the man phones you back tell him that you will record all conversations ,you have been advised to do that.Obviously best not to spaek to him,let the insurance companies sort it
I can’t say that nothing will ever happen because that would’nt be the truth. Good luck and keep us posted
All the above, plus make sure your insurance company know he threatened violence in an attempt to get you to accept blame. Keep full records of any contact you have with him and any threats. Also think about getting a means to record any conversations you have with him.Contrary to what a lot of people think, it is legal to record your own conversations without notifying other parties as long as the recording is for your own use (to ensure your protection for example) and the recording is not shared or distributed to third parties. So you can record him and pass it to the police as evidence i na case you are involved in, but not record him and then post it on Youtube.
If a land line number…buy an answerphone that can instantly record if needed…
or
If a mobile…check your phone for it’s capability to record…
Either way…make sure you have written down accurate time, date and content of conversation.
Keep your cool with him and don’t swear back and best not raise your voice…especially if you are recording…also this would probably send him more into a rage if you are calm and keep asking cross refrencing questions about what he is going to do to you…and / or …just leave him ranting on the phone and go make a cuppa !!!
Go with what Broady said, as he’s in the know and let your insurers know.
There are precidents sent for accidents that occur whilst filtering. It is accepted that bikes filter and appoitionment of blame is now a precedent (provided you arent proven to have been filtering dangerously) and any payout will be a standard split.
Good luck and hope that this nob jock is all mouth.
My advice is to continue your insurance claim honestly as you have done so far.
As far as the telephone threats, this should be logged with your local police station. It is unlikely that a conviction will result, but if you believe you or or your property will be threatened, the least they could do is flag your address on CAD, so if a call regarding that address occurs, they will prioritise units and they may have background information before they attend.
As the moment I can’t think of an actual offence, as its not the stuff I deal with… I’m sure one of the METPOL on here will love this.
It can’t be ‘harassment’ as it has only been one phone call (you need at least two occasions, of threatening violence for the offence to be complete).
Either way, have the incident logged with police and should anything occur this will act in your favour.
Phone the police and your insurance to report the threats. In your case with elderly people with you, you will be given heed as it puts vulnerable people at risk.
Keep your cool if he phones again. Record conversation if you can.
Exactly as Broady said - and if you can record any future calls do so … Closest Offence that I can think of off hand would be a Malicious Communications offence - threatening phone call.
Report it and insist that it is recorded as a crime. If they say no, then tell the Officer that you are making an allegation of crime and that you want it reported (politely) and if it is still no then take his shoulder number and I’ll tell you what to do next via pm.
You must tell your insurance company this also.Edited as I can’t spell after being up for 20 odd hours !!
Keep something that can record by the phone. Sounds like a nut-job, just trying it on. If he can’t afford increased insurance premiums, how can afford to be involved in organised crime? What an ass.
Accident is as near to 50/50 as can be, but that’s for the solicitors to sort out. They’ll say he should have looked but you should have been gong slow enough to stop (yeah, yeah…).
Check out this case law - it’s relevant to your case
Davis v Scogin 2006
Pm me your e-mail and I’ll forward the case law, and 2 other letters relevant to your accident mate - may get lucky - one guy in similar accident got 100% claim.
and let your insurers know.