Someone almost drove into me but I hit kerb as a consequence and damaged a wheel... What do I do?!?

Hi everyone,
This morning a woman pulled into my line of traffic without signalling or checking her mirrors, I had my lights on so she cant have missed me if she was looking..
She pulled into my lane, and literally inches from hitting me, I swerved to avoid her, hit a kerb and damaged my alloy wheel. She then drove off without even stopping to check if everything was OK. I checked and yes I have a massive dent in my alloy wheel. I proceeded to drive after her to get details etc, eventually she stopped, and tried to tell me it was old and she didn't do it. It was most certainly fresh, as I felt the bloody bang on the kerb!!! There was lots of alloy dust round the impact area.
I got her details, she has mine, photos were taken etc...
She has said she doesn't want to go thru any other means than the insurance, he said clearly, "I'll have to go through the insurance then"... Will that affect my insurance? It was totally her fault and I reacted to avoid any collision between vehicles.

What do you guys think? I personally would like to just get a cash settlement and I'll get that one wheel fixed at my local wheel refurb centre.
What do you think I should do?
Thanks :)
Additional Details
JTL I wasn't following her... I was on the inside lane to go left at a roundabout and she pulled left into my lane without indicating and checking blind spots etc, I was travelling at a good 20MPH!

entidtil

It is almost never a good idea to try to settle on your own. Use the insurance ! Her insurance should pay for your repairs. Your insurance should not be affected but even if it were affected, isn't this the very reason you buy insurance ?

kelly_f_1999

buy another wheel

Muranda

.
.
.
Unless the woman voluntarily declares that she will foot the bill (although Iâ€™m not sure why she would do that), you are on your own.

As there was no collision, and no witnesses, and no police involved, you most likely won't have a claim, even if she stated that she will "have to go through the insurance then".

Your insurance WILL go up if you use your insurance company to repair the damage.

Iâ€™m afraid youâ€™ll just have to foot this one yourself mate. Just buy another wheel. Thatâ€™s life.

P.S. And next time you are involved in a similar incident, never chase the other car. That is extremely dangerous, unnecessarily risky, and completely irrisponsible. Leave the chasing to the cops
.
.

Bardic

Charming of her. However, you'd have a job proving it was her fault, presuming you don't have any witnesses, unless she feels magnanimous and admits it, which her insurers will NOT like.

Personally, I'd just get the wheel done.

rookethorne

Firstly, I would never trust a refubished wheel that has been damaged in this manner, you could never see what hairline cracks may be present in the structure.

Secondly, you do not have to make a claim on your insurance, but you must notify them.

Get a quote for the replacement wheel and tyre and send a copy of it to her by registered post, tell your insurance company what you have done.

She should then pass your quote to her insurers for them to settle.

If she does not take any action (she might want to pay for the damage personally) take the claim to the small claims court.

Personally I wouldn't think this would be suitable for an insurance claim as the loss of no claims bonus and increased premiums while you are buildin the NCB back up would not be worth while.

Remember its 'no claim' not 'no blame'.

WelshLad

If she wants to go through the insurance then she is entitled too.

Bob

I think a cash settlement. The one thing not to do is claim on insurance as the insurance cost will go up and in the lonng term it will cost you loads

UK Dad

As there was no collision you probably won't have a claim.
A similar thing happened to a friend and the insurance didn't want to know.

Gambit

Unless she tells her insurer, "I am 100% at fault for this accident" there isn't a snowball's chance in Bermuda that her insurer will admit liability on this one. This will have to be paid under the Collision coverage of your policy, assuming you have this coverage, and the accident will be counted against you.You did not collide with her vehicle, you collided with the curb. This is why you NEVER swerve, unless you trying to avoid a pedestrian or another car on fire. You may have to take this to court to resolve in your favor.

jtl090179@sbcglobal.net

in all honesty, if she swerved in front of you, by law you were following too closely. any time you are in back of a vehicle, even if the vehicle dead stops in front of you, you are at fault.

yes your insurance will go up, and her insurance company will fight it, and you will probably lose. and then your insurance company will cover it minus deductable and your coverage will be more expensive.

sorry, its just the way it is.

Betz

I was travelling down a narrow lane on Saturday, and had to crash into the side to avoid hitting the post van. We used gaffa tape to reattach the mirror....looks quite nice actually :)

He didn't stop either, and I had 3 kids in the car who were quite shaken up.

Yes it will affect your insurance, as you will have had an accident, even if it wasn't your fault. I guess because you didn't actually hit each other, fault would be hard to ascertain.

Not much help at all really....except try gaffa tape :)

Enter Your Message or Comment

User Name:
User Email:
Post a comment: