Car Crash - insurance say both at fault

Associate
Joined
7 Nov 2004
Posts
168
Location
Manchester
Hi all,

On february 14th 2006 I was involved in a collision with someone that cut in to my lane and then drove off.

Here is what happened.

3 lanes of traffic, bus lane and two lanes for normal vehicles. I was in the right hand lane as I was due to turn right. It's a 30 limit and I was going a few mph under that.

I saw someone cut through from a side road on the left with attempt to get over to the other side of the road (in the opposite direction).

I slowed down and pressed the horn, but I knew I could not avoid the collision, I had no where to go apart from in to the direction of the oncoming traffic.

The front of his car hits the left-rear side of my vehicle. I pull over. He drives off in the opposite direction. I get out of my car and he is nowhere to be seen.

A fellow driver behind me sees it and pulls over and asks if I'm ok (being as the other party didn't stop). I get his details for use as a witness and he drives off.

Someone who claimed to be the other party arrived at the scene on foot, and basically told me it was my fault and I was "driving too fast". We exchange details.

I report the accident to the police and insurance company and the next day I go to the hospital with whiplash. I also specify that the other party DID NOT STOP AT THE SCENE OF THE ACCIDENT.

(we are both with LloydsTSB insurance)

Send all the paperwork of to the insurers.

They write back and ask a few questions (can't remember what exactly, but it was all on the form I sent).

A few months later they write to me saying that it was my fault!

I ring them and ask if they had contacted my witness. They hadn't.

Some 8 months after the accident, the other party sends in an 'independent witness report' saying that I hit his car and "was travelling at excessive speed", and my car "sustained front damage" and his car "sustained side damage"

I write to the insurers saying where I feel the descrepancies lie with his statement.

They write back saying that as there are two contradicting witness reports they are settling the claim with a 50/50 at fault stake.

I think I write to them again but they eventually give me a call just repeating what they stated on the letter.

I'm told that they will not allow me to use the legal cover provided under the policy.

I'm just sick and tired of it by this time and couldn't be arsed trying to argue my case of - my car, no frontal damage, damage to the side. Cars don't travel sideways. I welcome any independent inspection to verify this.

So I lose my 3 years no claims which ****es me off. I haven't signed anything to say that I've accepted it, but it shows up on my dads policy (I'm insured to drive his Merc for something like £15 a year).

I don't care about the car as it's only an old banger which just gets me from a-b, but out of principle I've been meaning to do something about it - as I don't believe it to be my fault and I've lost my no claims as a result of someone elses' dishonestly. He got someone to write a witness report - 8 months after the accident, which was full of lies, just to try and get him off the hook. This ****es me off.

A friend tells me to contact the insurance Ombudsman and also the AA as I would have received legal cover under the breakdown cover.

So people, is there anything I can do to try and clear my record here?
 
Thanks everyone,

The only problem is that the insurance company would not let me use my legal protection (she said on the phone that they would not let it go to court). At no point did I say that I agree to or accept their decision either verbally or in writing. When they rang up to tell me I tried arguing but I'd had a long day at work but just couldn't be arsed with it anymore.

I'm not sure if them telling me over the phone constitues me 'accepting' their decision or not, but it would appear that the claim has been settled as it has shown up on my dads' insurance documents (I'm insured to drive his Merc)

As far as I'm concerned one witness is telling the truth, the other is lying, and it is up to the insurance company to decide which. It seems that they couldn't really be bothered.

To me it's obvious as I had right of way and he cut in to my path. I had no where to go.

The key now is how to start the ball rolling for legal action and get it all reveresed.

I don't care about the car, it's the principle of someone trying to rip me off.
 
Thanks for all the replies. A letter to the insurers stating that I plan to complain to the Ombadsman (probably dodgy spelling but its late) might be in order.

Can I also remind you all that we are both insured with the same insurers, Llloyds Car Insurance. If that changes anything.
 
Back
Top Bottom