First crash!

Just an update on this. Had a call from the insurance company, the other driver has now finally reported it to his insurance company, except he's saying I apparently overtook 2 other cars, cut back in, and then turned right without indicating. I find this rather amusing, considering I was stationary at the time. Also, why would I bother cutting back in if I was turning right? :confused::rolleyes:
 
Haggisman said:
Just an update on this. Had a call from the insurance company, the other driver has now finally reported it to his insurance company, except he's saying I apparently overtook 2 other cars, cut back in, and then turned right without indicating. I find this rather amusing, considering I was stationary at the time. Also, why would I bother cutting back in if I was turning right? :confused::rolleyes:
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what a bell-end, did you get any witness statements out of interest?
 
Omg, I'd be so ****ed if that happened to me. Why are people like this, I would never ever do this myself :( Sorry to hear mate, hope it turns out ok for you...
My dad had the same thing happen to him, the guy who drove into him said, yeah I want no police or insurance company, my dad was like ehhhh no!? and then he told a totally different story to the police, after that it's your word against his :(
 
Will Gill said:
what a bell-end, did you get any witness statements out of interest?
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Unfortunately not, I was busy concentrating on phoning an ambulance for the guy on the floor. Note to everyone, if you're involved in a crash, ignore the potentially seriously injured people and make sure to take careful witness statements. Even better if the **** on the floor dies because then they can't make up BS stories about what "happened".

I'm just thinking maybe he's confused me for the BMW, which did exactly what he's described other than the turning right part.
 
Haggisman said:
My original policy was ~£600 in total, and expires in March, I've had to change my address with them in order to actually get things sorted in the new house - this has resulted in a £300 increase in the cost of my premium. Now surely it's not right that they can take this extra £300 into account when the accident occurred before the change of address?
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I find it funny that nobody commented on this, So their going to write your policy off, and they want £300 because you moved house after the accident that wrote it off? O.o



Haggisman said:
Just an update on this. Had a call from the insurance company, the other driver has now finally reported it to his insurance company, except he's saying I apparently overtook 2 other cars, cut back in, and then turned right without indicating.
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Even if that was true he is still the one at fault, the indicator is his word vs yours and regardless he should not have attempted to pass you so close to a junction, its a violation of the highway code and thus can be used in court to define liability.
 
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ubersonic said:
I find it funny that nobody commented on this, So their going to write your policy off, and they want £300 because you moved house after the accident that wrote it off? O.o
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Managed to sort this part out and they took the £300 off, however I'm still down the £150 excess and they owe me insurance till March :mad:
 
Bumpity bump bump!

Well. I had my excess back from the other party's insurance in June, and there was me thinking it was all sorted out, and rightly decided in my favour. However apparently there was a dispute about his personal accident claim which still needed to be sorted out.

I've just called them today to chase them up, to be told the other insurance have offered 50/50, and mine have accepted! Really not happy about that, however my claim handler wasn't around at the time so they couldn't discuss any of the details with me :rolleyes: Apparently he's going to call me in the morning.

So, my questions is, what are my options to dispute this? I'm not willing to accept 50/50, and I'm happy to take this as far as it needs to go so the little **** doesn't get away with it.

Lesson to all, if a chav on a bike decides to crash into you, make sure he's dead, and if not, finish the job.
 
Civil works on the balance of probability, the policy might agree with you but to convince the judge 100% you'll need some solid evidence, such as independant witnesses, CCTV etc.

50/50 is probably due to economics. Economics of the insurance company to pay out. If they even win at 90/10 in your favour in court, they still have to pay their legal costs (although only up to the expiry date of the Part 36 offer). Also if they are still disputing liability then the case has a while to go yet, it's quantum next and medical reports will take months.

Basically, your claims handler don't want to go to court and end up 50/50 (or worse), as they'll have to pay that, your legal costs, their legal costs and barristers for both sides. Which in the end will be tens of thousands.

It's not about principles a lot of the time, it's about money. Cheaper to settle and get rid of it.
 
I know you will feel hard done by as you may feel you were just minding your own business and you were the one that was hit, but this situation is a "two way street".
Maybe that's why the insurance company is trying for 50/50.

Highway code: Turning Right

Rule 180

Wait until there is a safe gap between you and any
oncoming vehicle. Watch out for cyclists, motorcyclists,
pedestrians and other road users. Check your mirrors
and blind spots again to make sure you are not being
overtaken, then make the turn.
Do not cut the corner. Take great care when turning into
a main road; you will need to watch for traffic in both
directions and wait for a safe gap.
Remember: Mirrors–Signal–Manoeuvre
 
Haggisman said:
Not for me though, and ultimately I'm paying the insurance co to work for me (yes I realise while that's the idea, it's not how it works in reality :p).
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I've seen this mentioned before, IIRC there's a bit in the terms and conditions that basically us they can do what they want wrt settlements.
 
LEUVEN said:
I know you will feel hard done by as you may feel you were just minding your own business and you were the one that was hit, but this situation is a "two way street".
Maybe that's why the insurance company is trying for 50/50.

Highway code: Turning Right

Rule 180

Wait until there is a safe gap between you and any
oncoming vehicle. Watch out for cyclists, motorcyclists,
pedestrians and other road users. Check your mirrors
and blind spots again to make sure you are not being
overtaken, then make the turn.
Do not cut the corner. Take great care when turning into
a main road; you will need to watch for traffic in both
directions and wait for a safe gap.
Remember: Mirrors–Signal–Manoeuvre
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Irwin VS Stevenson 2002

"The defendant had therefore commenced his turn before the motorcycle emerged from behind the van. The defendant could not have anticipated that in the time the claimant was there to be seen he would have attempted a double overtaking manoeuvre. D could not be criticised for concentrating on his manoeuvre once he had commenced it Appeal allowed. D not liable "
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Much like the driver in that case, I do not (unfortunately) possess xray vision, and therefore could not see the bike before he pulled out from behind the row of cars behind me.

Anyway. Just got off the phone from my claims handler and the result is as follows.

As far as my insurance company are concerned, they've gotten all their costs back from the 3rd party insurer, and so it's down as a non-fault claim for me, meaning I don't lose my no claims, and I can put it down as non-fault when I renew.

The 3rd party's solicitor has advised the 3rd party to dispute liability for their medical costs, so their insurance co have made a 50/50 offer to mine, and mine have accepted, but this still doesn't affect my no claims. The alternative is to go to court, where due to various case law in favour of both it could go either way, incurring more costs and pushing the claim cost higher.

I guess that's probably the best outcome I could have hoped for, and I'm happy with not losing my no-claims.

Now comes the fun part of negotiating the money off my current premium due to having my no-claims reinstated (I'm going to make a guess at £25 discount, but a £25 admin fee for changing the policy ;))
 
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