Insurance claim dispute

Associate
Joined
16 Apr 2003
Posts
1,552
Location
UK
Hello,

Was wondering if anyone could offer any advice as everyone on OCUK is usually able to offer wise/sage advice. Apologies for the long read but this is the 1st time i've been in an accident so a bit clueless.

Passed my test June 2010, 30yrs old. Had 2001 Fiesta 1.25 zetec. On the 14th December i was driving up a road just in a straight line in my lane at approx 30mph and approx 30 meteres ahead of me there is a turning onto this road and there is a junction for traffic to join with give way signs/marking etc. No lights, just give way to traffic already on the road.

There was a middle aged lady sitting at this junction to perform a right turn onto my road (she would be headed in the opposite direction to me) as i've passed her she has for no reason decided that she wishes to carry out her right turn through my passenger side as i'm passing her. This changes my course of direction, i narrowly miss a head on collision with oncoming traffic as she shoots me across the other side of the road and up the pavement again narrowly missing parked cars.

She caved in my front passenger side wheels/door and has frontal damage to her car. The lady got out of her car, cried a lot, kept saying soething about her son being in hospital never spoke to me or swopped details and as i was getting details from 2 independent witnesses who saw it and said they would back me up if the lady disputes liability by the time i had these details she had vanished.

Luckily someone in the traffic jam at the time came over and asked if the 3rd party had given me her details, i advised no, this lady at the scene then said i know where she lives and gave me her address. I then had to go round to this address myself and it was the correct address. The 3rd party would not come to the door but sent her husband out and he said basically cut her some slack, she's mentally unwell and on medication. I said regardless i need your insurance details and got them out of him in the end.

I am with Asda online car insurance, (i have TPFT) who took my details and put me through to Helphire who intiially seemed quite good and arranged for a courtesy car for me and said don't worry we will make the 3rd party insruance pay.

They wrote the car off just before xmas as they said approx £3k damage and only worth £1500 which is about right. No issues there. They sent me a letter last week saying do i accept this valuation, i did, signed it and sent back last week.

My Fiesta was collected Friday 7th Jan 2011 and they advised me it has been classed as Cat C and wil be put to auction. No issue there.

I took use of the courtesy car on 16th December and had it 2 weeks. The took the CC back off me because when i rang for an update they said the 3rd party has lodged a dispute claiming the accident was my fault as she says i was indicating to go left (i wasnt) therefore that is why she drove into me. They advised it best for me to have the CC sent back to them as i am not fully comp and if the decision goes against me from that date (30th dec) onwards i would have to pay hire charges so i said just have it back, i'll get a bus pass.

The road she was waiting at is not a standard road. The left lane i was (according to her) turning into is seperated by a triangular junction with trees and a walkway so that pedestrians can cross half the road. The distance between where she waiting and where she said i was turning into is approx 15/20 metres.

Helphire sent me out some paperwork asking me to fill out a statement and a diagram of the events of what happened. They have also confirmed they cannot get hold of 1 of the 2 witnesses but the other witness has confirmed i was not indicating and that the 3rd party just drove into the side of me.

CHasing them again today and they are saying they are awaiting this witness to provide a diagram and written statement.

THis is now rouhgly a month since the accident and i have no car or cheque to buy a new one as the claim is ongoing.

It seems to me that the 3rd party is obviously at fault and Helphire have a witness statement even if verbal backing up what i have told them. All these delays are extremely frustrating

Is there anyway i can take this forward?? Is there a proper complaints process for car insurance disputes?

Can i contact the 3rd party insurer??

Any help/advice much appreciated, thanks for taking them time if you read this far!
 
Last edited:
I took use of the courtesy car on 16th December and had it 2 weeks. The took the CC back off me because when i rang for an update they said the 3rd party has lodged a dispute claiming the accident was my fault as she says i was indicating to go left (i wasnt) therefore that is why she drove into me.

Irrelevant. She collided into you, it is entirely her fault.

Even if you HAD been indicating she should not strictly pull out until you have completed your turning off the road. It is extremely rare for these cases to go in favour of the individual who directly caused the collision.

I wouldn't worry but insurance companies and legal firms have a habit of dragging these trivial cases on for indefinite periods of time for no apparent reason.
 
On a completely unrelated moan. I receieved an indicatoin that I was going to be issued court proceedings for an accident I had over a year ago which I admited full liability to today.

Annoying.
 
On a completely unrelated moan. I receieved an indicatoin that I was going to be issued court proceedings for an accident I had over a year ago which I admited full liability to today.

Annoying.

I've always thought the market should be regulated as such a time limit is imposed where everything has to be sorted within a fixed duration of time from the accident, unless of course it involves medical conditions with a delayed onset. It would also prevent legal firms from deliberately dragging out cases for financial gain.
 
My main concerns are

1) That somehow, god knows how, she will win. Googling 'car insurance disputes' came up with some cases where people have been rear-ended and lost?!?! Now i'm sorry but as we all know if you go into the back of someone you are not keeping the proper distance/speed.

2) Main concern is the amount of time this is taking.



I had to have a week off work when it happened with a really painful back and neck (i'm an IT Procurement analyst but this involves heavy lifting as i take the IT equipment deliveries). Still got 3 more weeks physio to go too.

It's not easy to get to and from work and i just want to put this incident behind me and get a new car and get on with it.
 
just regarding your last point about contacting the 3rd party insurer

you most certainly can.

They're obviously restricted in what details they can give you, but you can ring them.
 
Do the police know that she left the scene of the accident without leaving details? I would make sure her insurers do.

I went to the police straight from the scene but they essentially gave me the brush off. They logged all the details but said if i go to the address given to me and it turns out to be the 3rd party and they give me the insurance details not to go back.

They advised although she has committed a crime leaving the scene without swopping details it would be hard to prove. They said she could just say she was in shock and would be no point pursuing it.
 
As far as I'm aware, even if you were indicating, this is not excuse for her pulling out.

When you went with Helphire, did you not take out the £10 insurance that covers you if the claim goes the other way?
 
i had an accident the same day you did!, a chap decided to re arrange the rear of my car. His insurer has still not admitted liability!!!! How hard can it be??, i was at a round about junction indicating to go left and he just ploughed in to me.
My car was only taken in for repair yesterday and they are still not certain it will not be a write off. The worst bit is they delivered a bright yellow 107 for me to use in the mean time-just the colour makes you want to puke!
Good luck with yours-i can't see how she thinks she can seriously get away with it.
 
I have a claim that is outstanding since august because the third party refuses admit liability or even give any version of events.
 
As far as I'm aware, even if you were indicating, this is not excuse for her pulling out.

When you went with Helphire, did you not take out the £10 insurance that covers you if the claim goes the other way?

Ahh i did pay £10 but i thought that was for something else. Phew that's a relief
 
Doesn't even sound like what she's claiming is possible based on your description of the junction. Your right of way, the witness, the car damage, all points to the other driver being at fault. Seems it would be ridiculous if it went any other way than in your favour.
 
Yes i would hope so but you never know, i think i'm just extra nervous as it's my first (hopefully last) incident.

Now i'm irate because if i paid the £10 to cover myself in case of losing the claim why have they took my courtesy car from me. Time to give helphire another call!
 
It sounds like she is at fault but is trying to make things difficult for you or is is going for 50:50 blame. If I were you, I'd inform the police and your insurance company that she left the scene of an accident and let them investigate further. Ignore all of the medical rubbish, if she was well enough to drive then she should take responsibility for her actions. We all make mistakes, that's what insurance is for.
 
Hang on?

You were indicating (according to silly bint), didn't turn left and THEN she drove into you. What kind of argument is that???

If she had half an ounce of brains she should realise that if that was the case that she would have pulled out on you and YOU would ahve hit her.

Some people!

Hope you get it solved.
 
Be assured that if your ever sitting at a junction waiting to pull out and someone comes along indicating a left turn and you pull out thinking they are turning but they carry on and they hit you then you will be 100% blamed regardless of whether the person had the indicator flashing or not.
This is common excepted practice in motor insurance in the same way that if you suddenly stop and get rear ended then they take the blame for driving too close. So the lady in question has no case against you whatsoever
 
Back
Top Bottom