Insurance Claim
Discussion
Wasn't sure where to post this but the smartest people seem to be in here! 
Last year, late October or early November a nice old disabled man drove into the side of my S on a roundabout. I'm fully comp and the 3500 bill to fix + more for the courtesy car was picked up by my insurance company. I did have to pay my 600 pound excess though.
I have been bugging my insurance people for months trying to find out how this is all going to end. Obviously I think the accident isn't my fault and want my 600 back and the three years no claims which I have currently lost.
They told me at the end of January they still haven't heard from the third party or his insurance people and because of this they were about to reach a time limit and if they don't respond they admit by default full liability.
Phoned them twice since then but can never speak to anyone who knows what is going on. Anyway I phone again this morning and they tell me they received a letter on the 29/03/06 saying the accident was my fault. No details on how they think the accident happened, just that it is my fault.
Here is a really rubbish drawing on how the crash happened, should I just go 50/50 to finish it or fight it all the way?
Thanks for any help
Last year, late October or early November a nice old disabled man drove into the side of my S on a roundabout. I'm fully comp and the 3500 bill to fix + more for the courtesy car was picked up by my insurance company. I did have to pay my 600 pound excess though.
I have been bugging my insurance people for months trying to find out how this is all going to end. Obviously I think the accident isn't my fault and want my 600 back and the three years no claims which I have currently lost.
They told me at the end of January they still haven't heard from the third party or his insurance people and because of this they were about to reach a time limit and if they don't respond they admit by default full liability.
Phoned them twice since then but can never speak to anyone who knows what is going on. Anyway I phone again this morning and they tell me they received a letter on the 29/03/06 saying the accident was my fault. No details on how they think the accident happened, just that it is my fault.
Here is a really rubbish drawing on how the crash happened, should I just go 50/50 to finish it or fight it all the way?
Thanks for any help
Thought Id add the letter I sent my insurance on how it happened in my words :
I was travelling behind Mr **** down White House Road into Eastwoodbury Lane approaching the roundabout with Comet Way and Nestuda Way.
Mr **** moved into the outer (left) lane which according to the high way code would only allow you to turn off left into Comet Way or continue his progress along Eastwoodbury Lane. I was in the inside lane which would allow me to turn right down Nestuda Way.
Mr **** route took him down Nestuda Way. The High Way Code states that “When taking the last exit or doing a full circle, signal right and approach in the right hand lane. Keep to the right on the roundabout until you need to change lanes to exit the roundabout”. Mr **** did not follow any of the rules stated by the high way code when he was navigating the roundabout. He was not in the right hand lane, he did not signal and certainly did not use his mirrors.
The front end of my car was along side Mr **** when he turned from the outer lane into the inner lane to turn right. I had no way I could avoid the incident as I had no where to go and not enough time to stop. Mr **** struck the front passenger side of my car breaking the front suspension and damaging the body work with the back driver’s side of his.
I also strongly object to Mr **** trying to state that the accident was my fault.
I was travelling behind Mr **** down White House Road into Eastwoodbury Lane approaching the roundabout with Comet Way and Nestuda Way.
Mr **** moved into the outer (left) lane which according to the high way code would only allow you to turn off left into Comet Way or continue his progress along Eastwoodbury Lane. I was in the inside lane which would allow me to turn right down Nestuda Way.
Mr **** route took him down Nestuda Way. The High Way Code states that “When taking the last exit or doing a full circle, signal right and approach in the right hand lane. Keep to the right on the roundabout until you need to change lanes to exit the roundabout”. Mr **** did not follow any of the rules stated by the high way code when he was navigating the roundabout. He was not in the right hand lane, he did not signal and certainly did not use his mirrors.
The front end of my car was along side Mr **** when he turned from the outer lane into the inner lane to turn right. I had no way I could avoid the incident as I had no where to go and not enough time to stop. Mr **** struck the front passenger side of my car breaking the front suspension and damaging the body work with the back driver’s side of his.
I also strongly object to Mr **** trying to state that the accident was my fault.
Hey mate, My pennies worth as a rozzer.
Looks like your elderly gent was in the wrong lane. If thats the case he is 100% liable.
I used to work in insurance, speak to a manager and don't get fobbed off, if they do just ring back- and back and back.
They'll soon find out for you.
I have 7 non fault claims in last 2 years so getting very annoyed with people trying the 50/50 route- especially when i'm not even in the car.
Looks like your elderly gent was in the wrong lane. If thats the case he is 100% liable.
I used to work in insurance, speak to a manager and don't get fobbed off, if they do just ring back- and back and back.
They'll soon find out for you.
I have 7 non fault claims in last 2 years so getting very annoyed with people trying the 50/50 route- especially when i'm not even in the car.
working in the insurance industry for the last 11 yrs here is my advice
(i am not acting for you in a professional capacity .. blah blah)
1. Find the name and contact details of a claims handler dealing with your case
2. Find the name and contact details of their team leader manager and anyone else furthur up the food chain
3. Start writing letters
4. Keep writing letters for the next year - do not let them close the file !
5. Don't give up !
6. Don't get nasty - always be polite and persistant - the policy holders we hate the most are the passive agressives who keep on pestering you for years until you give them what they want - this means we can't close the file and it shows up on your target stats and your reminder list - most anoying
7. Don't give up - nicely suggest that you will pursue the claim through the small claims courts - call watchdog - complain to the ombardsmun etc
8.If no joy after 12 mts take out a small claims court hearing against the other driver (£45) often we settle claims out of court because it's cheaper than having an argument
If it's any consolation I settled a claim that was 5 yrs old yesterday which was very dubious on the grounds that it was costing more in admin than the claim was for ( around £25 )
you will find all this takes a very long time and depends if you have the stomach for a protracted debate - but if you like doing it and you think you are in the right you will get settlement eventually
have fun
reb
(i am not acting for you in a professional capacity .. blah blah)
1. Find the name and contact details of a claims handler dealing with your case
2. Find the name and contact details of their team leader manager and anyone else furthur up the food chain
3. Start writing letters
4. Keep writing letters for the next year - do not let them close the file !
5. Don't give up !
6. Don't get nasty - always be polite and persistant - the policy holders we hate the most are the passive agressives who keep on pestering you for years until you give them what they want - this means we can't close the file and it shows up on your target stats and your reminder list - most anoying
7. Don't give up - nicely suggest that you will pursue the claim through the small claims courts - call watchdog - complain to the ombardsmun etc
8.If no joy after 12 mts take out a small claims court hearing against the other driver (£45) often we settle claims out of court because it's cheaper than having an argument
If it's any consolation I settled a claim that was 5 yrs old yesterday which was very dubious on the grounds that it was costing more in admin than the claim was for ( around £25 )
you will find all this takes a very long time and depends if you have the stomach for a protracted debate - but if you like doing it and you think you are in the right you will get settlement eventually
have fun
reb
Phew
Exactly what I wanted to hear from the exact people I wanted to hear from.
Thanks guys
, now I know for definite that its not my fault I will never give up on this.
I will be the nicest most annoying person in the world as far as my insurance people are concerned!!!
Does it have to be letters or are emails ok?
Thanks again, really appreciate your replies
Exactly what I wanted to hear from the exact people I wanted to hear from.
Thanks guys
, now I know for definite that its not my fault I will never give up on this. I will be the nicest most annoying person in the world as far as my insurance people are concerned!!!
Does it have to be letters or are emails ok?
Thanks again, really appreciate your replies
DodgyDave said:
Does it have to be letters or are emails ok?
Both
They really hate that...
First line of letter.. REF E Mail sent xx/xx... 'Blah Blah Blah'
Cut and paste the whole E mail into the letter...
It ensures that more people see the Letter / Mail and cross reference different departments or people for different corespondence.
Whats the price of a stamp... (Oh yeah just gone up again..!)
I've found that insurance companies will deny liability by default - I hit a dustbin once that was kindly launched in front of my vehicle by a bin man on my way to work. The council's insurers said that it was an accident, not negligence and that they weren't liable. I wrote back and told them that it was negligence and they were liable and they backed down and paid me the money.
Always persist!! It doesn't cost anything after all and it's pretty clear from your description that he was in the wrong and not you!
And another thing, why why why can't people learn how to use roundabouts
Always persist!! It doesn't cost anything after all and it's pretty clear from your description that he was in the wrong and not you!
And another thing, why why why can't people learn how to use roundabouts
Thanks allot for all your help.
Just got of the phone again and it seems we are going to court.
What I cant believe is my insurers say they operate a 3 month reply rule or by default the party admits full liability.
The accident happened on the 26th October and there first reply is on 28 of last month.
Don't mind going to court though, the solicitor should be able to pull his story apart. They are saying I drove into the back of him while stationary!!!!
That's laughable seeing as all the damage on my car was down the side!!!
Ooooo I really just want this old man off the road!
Just got of the phone again and it seems we are going to court.
What I cant believe is my insurers say they operate a 3 month reply rule or by default the party admits full liability.
The accident happened on the 26th October and there first reply is on 28 of last month.
Don't mind going to court though, the solicitor should be able to pull his story apart. They are saying I drove into the back of him while stationary!!!!
That's laughable seeing as all the damage on my car was down the side!!!
Ooooo I really just want this old man off the road!
DodgyDave said:
Thanks allot for all your help.
Just got of the phone again and it seems we are going to court.
What I cant believe is my insurers say they operate a 3 month reply rule or by default the party admits full liability.
The accident happened on the 26th October and there first reply is on 28 of last month.
Don't mind going to court though, the solicitor should be able to pull his story apart. They are saying I drove into the back of him while stationary!!!!
That's laughable seeing as all the damage on my car was down the side!!!
Ooooo I really just want this old man off the road!
Also - why would he be stationary on a roundabout...?
Go for it - why should anyone be allowed to drive in such a crap fashion, drive into you and then make you pay half...?
I hope you win!!
gorvid said:
Thanks allot for all your help.
Just got of the phone again and it seems we are going to court.
What I cant believe is my insurers say they operate a 3 month reply rule or by default the party admits full liability.
The accident happened on the 26th October and there first reply is on 28 of last month.
Don't mind going to court though, the solicitor should be able to pull his story apart. They are saying I drove into the back of him while stationary!!!!
That's laughable seeing as all the damage on my car was down the side!!!
Ooooo I really just want this old man off the road!
Also - why would he be stationary on a roundabout...?
Go for it - why should anyone be allowed to drive in such a crap fashion, drive into you and then make you pay half...?
I hope you win!!
I know?????
It just worries me that he will lie to pass the blame i.e. I (mr ****) was waiting for a space to join the roundabout when a young man in a sportscar come tearing down the inside and drove into me!
Im glad he has said what he has as it should make my life easier proving him wrong.
Can you all come with me to court to tell this gentleman and the court people what you think?
GI said:
Were there any witnesses? Did you take any photos taken on your phone for instance? Did the police attend the accident? What was their report?
There must have been 10 or more witnesses but they were all gone before I had even got out of the car.
Annoyingly the few people who did stop didn't see the accident.
A plod car did stop but because no-one was injured they told me they wouldn't get involved. The only thing I could get from them was their name and badge number after I demanded it. He said he wouldn't be able to help in any way but I could have his name.
Hmmmm thanks for that!
I'm going to go down there and take some photo's of the roundabout and all the lanes joining and exiting for my solicitor, what good it will do I'm not sure.
bridgdav said:
Google earth is your friend.... Have a check to see if the roundabout area is high res...
I've used screen captures on numerous occasions..!
It really helps... Even auto route as well!
It certainly is my friend haha
Probably need to do it again and need to add arrows of direction of travel but shows everything lovely!
Thanks very much Bridgdav
P.S. do i have to use screenprint or am I missing the bit in Google Earth where I can save as a JPG?
bridgdav said:
Google earth is your friend
Bloody good idea..
Reminds me, time for my monthly letter to the insurers who are stil refusing to do anything about the bint who cut me up and knackerd the bonnet of my old
S3C. Coming up to 2 years ago now..
My side can't proceed as she never answers the letters as she's always overseas. Used to see her in the same town practically every week for the 1st year..
Definately do not give up..
almost the exact same thing happened to me a few years ago but i was lucky a traffic car was watching from the next junction. the other driver(rverand dick was his name )swore blind it wasnt his fault until the police put him right. dont think people realise you can go straight on from the outside lane when the straight ahead road is dual carriageway 
your in the right mate, stick in there.
good luck
)swore blind it wasnt his fault until the police put him right. dont think people realise you can go straight on from the outside lane when the straight ahead road is dual carriageway your in the right mate, stick in there.
good luck
bridgdav said:
You can save the image as a Jpeg...
Goto Tools - Turn off all the views, search and panels to give a full pic.
File - Save Image ....XXXXXX.jpg.
As simple as that..!
Import into desktop publisher of some sort... Add arrows etc... Away you go..!
Good luck.
Dave
Thanks again Dave will defiantly be sending a high quality one to the solicitor.
The only thing that will worry me now is whether or not the court believes me.
Thanks all for the replies, they all have been useful and interesting.
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