Paint damaged by car overtake after respray. Claim or not? - Focus ST Mk2 Non Technical Discussion - Focus ST Owners Club

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Paint damaged by car overtake after respray. Claim or not?

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#1
Oranjemobiel

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Picked up my car on Friday, after a near full on respray and new wheels. Fully detailed it yesterday, immaculate. Driving tonight, on a 40mph A Country road. Out of nowhere, car up my backside, blinding my mirrors. Don't get baited, stick to the limit. Road opens up to a crossroads, car (BMW M2) comes flying past me. As the crossroads congregate all the stones, dust, dirt and gravel, his back tyres have kicked up a cloud of it. He has sped off into the distance only to be thwarted by temporary traffic lights, matching his plate to my camera footage. Lights change, that thing moved, was gone in seconds. Damaged, front bumper peppered in stone chips, drivers side covered in them and so too, my gloss black wheels.

 

Question is, would I have any chance with a claim? Dangerous overtake in my opinion, on a crossroads but broken double hatched markings and no others cars. Speeding, yes.



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#2
K3FUS

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No chance of that being a claim I’m afraid. A new paint job will always get damaged, it’s a consequence of using any car.


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#3
kiemuloly

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Far as I'm aware you can't make a claim against someone for driving badly/illegally if they've not actually had an accident.

Far as anybody is concerned this is no different from driving on the motorway and an unfortunate boulder being kicked up and taking a nice chunk of paint with it.

I want to get mine all sprayed up to fix the sheer amount of stone chips she's picked up but holding off because of other things to spend money on and because I know as soon as I do, It'll start getting damaged again anyway- I've already had the bumper painted once and I'm sure it looks worse now for stone chips...

It's the problem with trying to keep a nice car on our roads, combined with the amount of people who don't care about other peoples property. I feel for you, but "that's the way it is" unfortunately :(

#4
Oranjemobiel

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I should correct, markings were white diagonal stripes with broken white lines (Rule 130). Area is a notorious accident spot over the years. He has got the time, space and power to get passed, rests on was it "necessary". Will get some advice in the morning. As above, might have to chalk it up to "one of those things". All so someone could get to a set of traffic lights quicker.



#5
Alb

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You've just been very unlucky Dan.

It's one of the potential consequences we all face to a greater or lesser degree every time we drive.

Many RS drivers did find a solution to this problem though.

They lock their car in the garage, cover it with a dust sheet and never drive it at all.


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#6
Oranjemobiel

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That was my plan, kind of. Thought it would be a decent time to give it a run, after being sat for so long. Had some work to do underneath to rust proof it, then it was going into storage. Wasn't perfect before, far from it. Used it as a daily and never picked up a mark. Sods law.

 

Will say the BMW driver knew exactly what he was doing. Ruining his Sunday night speed run, sat behind me unable to overtake. Picked the area that collects all the rubbish, spins up his wheels, has a split second back end wobble, kicking up more rubbish and finishes off by booting it.

 

Shame, as lots of people brought out their weekend summer cars, as it were. Always get one.



#7
kiemuloly

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Clutching at straws- how about sending a copy of your dated invoice and pictures of the damage to the council claiming that they're not maintaining/cleaning the roads well enough and it's damaged your car.

Highly doubt it'll get anywhere but apparently they pay out for wheel damage on occasion..Attached File  IMG_20210503_105613.jpg   204.24KB   0 downloads
For example- was painted a couple years back... Looks terrible already. Looked good at the time but I'll have a different body shop do it next time, hopefully their paint will be tougher

#8
Oranjemobiel

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I tried that when my front bumper and bonnet got covered, badly, in chips from a gritter. I gave the gritter as much room as possible, then the pattern raised, like hail on my bonnet and windscreen. Despite camera evidence, plate reg, the GPS data in an email, stating the lorry was driving too fast, all which they agreed. The council said it's a private company they use, the private company said to take it up with the council. Rinse and repeat. Got nowhere.



#9
Oranjemobiel

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An update. The Police have been in touch and classed it as a Road Traffic Accident. Officer wasn't impressed with the driving before, during and after the incident, by the BMW. Hopefully be paying the driver a visit in the next couple of days.

 

Fair play to Derbyshire Police.



#10
justcos

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An update. The Police have been in touch and classed it as a Road Traffic Accident. Officer wasn't impressed with the driving before, during and after the incident, by the BMW. Hopefully be paying the driver a visit in the next couple of days.
 
Fair play to Derbyshire Police.


So does that mean the bmw drivers insurance will have to pay out ?

#11
Oranjemobiel

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That is what the officer told me. With the video footage, evidence and statement, the BMW driver is at fault. They've simply damaged your vehicle while on the roads. Doesn't matter if it's a big accident or minor damage. Officer said you can clearly see and hear the stones etc being kicked up and hitting my car. They could be looking at other offences, speeding, dangerous driving etc depending on the driver's story. They could confess or claim they weren't driving, not their car, may not have insurance etc.



#12
kiemuloly

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I'm in mild shock.

That's a good result for you hopefully, I don't fully understand the situation that he overtook you but if it was one of those stupid over takes hopefully he'll think twice about driving recklessly in future.

Would never expect an insurance claim from a successful over take.

#13
Oranjemobiel

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I wasn't expecting to hear anything and write it up, as posted earlier, as one of those things. My only guess is, they've gone for a "spirited" Sunday night drive, been stuck behind me unable to overtake. First chance they've had, given it the beans and gone past. The officer questioned if it was necessary for him to do so, as I was at the speed limit. The officer said he's caught up to you at some speed, overtook, and rather than just pull back in and slow down, carried off accelerating in a residential area and into the distance. My camera just keeps his car in view till a set of temporary lights. From the lights, that thing moved. Cars an M240i.

 

I'm not expecting much to happen in terms of an insurance claim. If the Police pay him a visit then a good result. I was going to upload some video stills but the Police said not to post any videos or images.



#14
Sean B

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I didn't think there was any such thing as a road traffic accident now, I thought they called it a road traffic collision on the basis that it's never actually an accident and somebody is at fault.

 

Either way I think you're lucky to get the police to look at that, so good result :)


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#15
Mick.M

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On another note Dan, how did the respray turn out seeing it's eo, did they match it well? I know you said it was a near full respray, only I've had a hard time trying to find a decent paint shop that can match the eo.




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