Accident at a roundabout

[Val_2]

There is no Pacifica agency listed for St.Pol in the local phone book. Did you know that Credit Agricole are agents for Pacifica for their vehicle insurances? I also wonder if the driver is not insured as I think you mentioned it was a young lad???  Looking again in the yellow pages there seems to be no agencies for Pacifica anywhere in the region

[Martin963]

I've found this

SAINT-POL-DE-LEON (~ 3km)

12, place Alexis Gourvennec

29250 SAINT-POL-DE-LEON

and knowing that French bureaucracy can be tiresome,  I also know it can be thorough,  so would hope it got passed on,  particularly if I just put in a brief description and reference numbers without actually saying much.....

Just to explain,  the lad filled in the constat (and drew a totally inaccurate diagram beside my drawing,  confirmed by the photos) but his mum signed it.    She didn't initially get out of the car,  I got the impression she was too shocked.    Whilst he wasn't rude on the phone he went on like a cracked record about an "arret sans autorisation" and I can't find anything about such an "offence",   certainly not at the edge of a roundabout!!

The assurance appears to be genuine,   the number I gave corresponded with the name and address of the woman.   

Thanks for everyone's help,   letter will go off tomorrow - short and to the point and leaving I hope dire consequences to her imagination.....

[Val_2]

Yes that address is for the Credit Agricole in St.Pol who as I said use Pacifica for insurance.

[Martin963]

Thanks Val.    In addition my insurers in Britain offered to help find addresses for claims against Pacifica.   I find their attitude refreshingly helpful.

[Pickles]

[quote user="Martin963"]I perceive a useful weak point here.   I'm thinking that I might write again to the lady and say that I have informed her insurers of the accident and they are somewhat surprised not to have heard direct from her.   Of course I have no idea whether they'll take any action against her (and I'll openly admit that) but go on to say that it might make her case look better if she either declares the accident forthwith or settles with me privately.   

[/quote]

Is this really a wise thing to do? You are paying for a guard dog (your insurance company) and yet doing all the barking yourself. What outcome do you want from this? Will this course of action lead to it, or just to the other person digging their heels in and making further allegations about your driving (eg that you reversed into her car etc). They can submit their own constat, saying that you refused to sign it, and giving an entirely different story. Make your insurance company do the running.

[quote user="Martin963"]If I could find the address of the local agence near St Pol de Leon for Pacifica I'd be tempted to submit the constat anonymously along with the photos,  but I think I'll write to the lady for the moment and see if she is prepared now to see things in a different light.[/quote]

I'm not sure that this will get the response that you are looking for

[quote user="Martin963"]http://vosdroits.service-public.fr/F2149.xhtml

Seems to suggest that not submitting the constat puts you in the wrong.

[/quote]

I do not get that meaning from that web page.

[Val_2]

Can I just point out from our experience of a serious accident, you must MAKE ANY CONTACT whatsoever with the other party. Your insurers will tell you this also. Do not accept any calls or contact from them and if you, keep a diary. The other party in our case, kept ringing every day for several days afterwards and tried to get OH to go to their house to sort out the constats which they had refused to sign at all stages and they were the ones who caused the accident from the proof on the road and on the vehicles.

[Val_2]

Sorry that shold read you must NOT MAKE ANY CONTACT.

[Martin963]

Thanks.   In fact it's a couple of French friends have suggested sending the photos and constat in to Pacifica,   and my insurers suggested it too,  along with the idea of contacting the other party privately.    I don't see how - if the thing spirals out of control (which of course I don't want) - the other party would have a leg to stand on if they were to submit a "later" constat,   given that if push came to shove  my insurers have the original one with Madame's signature on it.   The very fact that she has failed to submit her constat within the five days stipulated on that link already casts her in a poor light with her insurers I would have thought.

In answer to where I want it to go,  I'd like the lady to settle the very modest repair bill privately,  in recognition apart from anything else that I've tried to find the cheapest solution for her.   If she won't then at least I'd like to give her something to worry about.  

But if we really don't get anywhere I'll pay it myself,  as annoying though €450 is it's cheap compared to the hassle of a formal claim which - as others have said - might backfire and end up as a 50/50 if my side didn't fight hard enough.

Thanks pickles too - you make some important points.   Yes she's not actually in the wrong as such for not putting in the form,  but she's failed to do it within the stipulated time,  and certainly I've heard that household insurance claims have to be put in within a fairly strict time limit.....

I do take your points though and am grateful for the cautionary advice!

[idun]

I have no idea why 'you' are persueing this. I would hand in the claim to my french insurer and let them sort it out.

Contacting the person? I would not and it is something as Val2 said, that I think that you should not do either.

[Val_2]

It can be seen as intimidation if parties contact one another if it should go to tribunal which I doubt for one moment as its not a serious claim. In our case, both parties were taken to hospital and both vehicles written off but the other party told so many lies they eventually forgot what the real truth was and it awarded against them and the fact they kept ringing us at 7am and throughout the day to ask questions and demand meetings etc. Insurance is expensive enough so let them do the legwork etc. The problem is that perhaps the other party don't want their insurance involved as the french seem to have a fear of their premiums going up/bonus affected for claims etc and she would probably have to pay her franchise too which might be excessive compared to the value of the claim so is just forgetting about it conveniently. As for that insurance company "P", I could tell you a story about them and the mother of my son's friend but I could end up being sued if they found out but suffice to say, I would not touch them with a 100m bargepole.

[Martin963]

[quote user="idun"]I have no idea why 'you' are persueing this. I would hand in the claim to my french insurer and let them sort it out.

Contacting the person? I would not and it is something as Val2 said, that I think that you should not do either.

[/quote]

I refer the Honourable Lady to para 4 of my original post.

[Martin963]

Point taken Val_2.   We'll see if the letter I sent this morning has any result,   but I am prepared for the trail to go cold soon.

[idun]

I had read that, the trouble is that you have got nowhere, so if you want them to pay, you'll have to go through your insurance company, whether you really want to or not. I'm surprised that the insurance companies haven't said that they have to be involved.

And as you said yourself, you had started to move and moving is moving, there is no rule as to 'how fast' you have to go, so you were not stopped and not committing any 'crime'.