Pasty Wagon Accident

[vRS Joe]

Really sorry to hear about your troubles Cliff, don't let them get to you. Hope it's sorted shapish.

On another note I'm glad I'm not insured with ADRIAN FlUX!

[mannyo]

Adrian flux are just a broker for a multitude of companies, the problem is not Flux but elsewhere.

[BossFox]

Adrian flux are just a broker for a multitude of companies, the problem is not Flux but elsewhere.

 

Agreed.

As I posted in detail further up, it's the whole system that is the issue.

 

It's the other side refusing to accept liability and there is absolutely nothing Adrian Flux or their underwriters can do to change that.

 

So there is no point in criticising them as it's the third party and her insurance company not admitting fault that is causing all the delays and hassle.

Unless they are forced to admit liability (which will probably happen a day before a court hearing) there is nothing you can do.

 

This way, they can keep everyone's premiums up as they have unresolved claims.

[Gyp]

This way, they can keep everyone's premiums up as they have unresolved claims.

My premium went up on renewal as there was an unresolved claim (shunted from behind in traffic), though I was assured that as soon as the claim was settled, the difference would be refunded.

Yet to see it though.

[BossFox]

My premium went up on renewal as there was an unresolved claim (shunted from behind in traffic), though I was assured that as soon as the claim was settled, the difference would be refunded.

Yet to see it though.

 

Yes, standard practice by a lot of companies it seems.

Admiral are doing the same to me by holding a non-fault claim open for 12 months in case I am claimed against.

Gave me a 20% rise on renewal.  Multi-car policy with 5 cars on, which has cost me about £400.

Looked at changing but as soon as the claim is mentioned (it's recorded on the insurance system) everyone else was more expensive.

Nice way to do business, create a captive audience that you can increase the price to. :wonder:

[PastyBoy]

aaaaaand we're going to court.

 

:(

 

The third party are still admant that i overtook a car stopped in my lane of traffic (not in the slip road) and that i did a wild overtake on the wrong side of the road hence being in the wrong place at the wrong time when she pulled out.

 

They have offered 50/50 but my insurers are rejecting that as they are equally adamant that it's her fault not mine.

Who the hell knows.

 

With no proof i can't see

 

I think there are now 3 potential outcomes:

• we decide to settle at 50/50 and my policy increases due to the claim
• we go to court and i win - she pays everything i'm unaffected
• we go to court and i lose meaning as i was the one who pushed it to court the fees will be split 80/20 and my policy increases more due to the larger claim

Maybe

[BossFox]

I expect it'll end up 50/50, but good luck.

Maybe they'll back down just before going to court.

[PastyBoy]

Scratch that - already too late

It would appear that my claims guy has now spoken to the legal guy and my guys have backed down.

 

With no witnesses and no evidence either way her claim that i "overtook at a junction" is enough to destroy any case we may try to build on the fact that the guy in front of my had already left the carriageway.

 

Apparently as we are contesting their offer the onus is on us to prove what happened - which we can't, so the judge would laugh, I would cry, and i'd be stiffed with 80% of the bill.

 

Fun times

[BossFox]

So 50/50 as expected then?

Usually the case.  Raised premiums for everyone.

 

Am I bringing a Blackue to Castle Combe in three weeks?

[PastyBoy]

FFS ok this is getting ridiculous now and i'm not sure anyone knows what's going on! GRRR!

[devonutopia]

Sad to Hear Of woes but so glad I have a camera for own reassurance.

[vRS19TD]

Can't believe it's got to this stage but i suppose she has all the loopholes saved on her desktop coming from that line of business.

[BossFox]

Can't believe it's got to this stage but i suppose she has all the loopholes saved on her desktop coming from that line of business.

 

It's quite normal.

Neither side gives way, then when the threat of court comes along it goes 50/50 unless there is strong evidence to say it shouldn't be.

That way the payout is the same but both participants get a premium rise.  In other words, the insurance industry gets more money.

 

Considering the impact location on the Fabia, it's annoying.

But as you say, the third party has expert advice so would have done what they needed to right away.

[PastyBoy]

so my claims people are literally only chasing for settlement on the costs of the hire vehicle i had for 2 weeks following the accident - NOTHING ELSE

 

Quindell have submitted an invoice for say £70 a day for 14 days = £980

Admiral have refused and offered 50/50 on that

Quindell refused and were going to go to court.

Until their legal team caved in and decided it'd be too hard to win in court and now want to settle @ £490 each

The £490 bill Quindell are stuck with will NOT be claims off my insurance policy not will i be chased for it personally.

 

The £3000 i had as settlement for my car is safe and Admiral have no way of ever clamiing that back from me personally or from my insurers.

Having spoken to the guys at my insurance to confirm that for sure (and learnt more in 20 minutes than i have in the last 4 months!) the third party in the Freelander hasn't even made a claim against me!!

 

She's submitted no claim for repairs, no claim for total loss recovery following a write off, no claim for hire costs NOTHING!

 

He expected to have this closed by this afternoon!

[BossFox]

Interesting she hasn't put a claim in yet.

[vRS19TD]

Maybe it's just me but her not putting a claim in would surely ring alarm bells somewhere wondering why she's insisting you were to blame but doesn't want to make a claim against you!! Just seems fishy to me. :wonder:

[BossFox]

Maybe it's just me but her not putting a claim in would surely ring alarm bells somewhere wondering why she's insisting you were to blame but doesn't want to make a claim against you!! Just seems fishy to me. :wonder:

 

It's still within the time for a claim.

Maybe they are waiting to see how any blame falls on the existing claim before deciding what to do?

But yes, a bit odd.

[PastyBoy]

As per the posts at the very beginning of the thread other than the airbags going off her damage was limited to a cracked numberplate and bumper.

She may have gone to a scrappy sourced new airbags and decided not to bother claiming.

 

Her accident report could have been submitted just as a response to me clamiing against her and through her insurers need to know her side of the story. Admiral clearly then deem that it casts enough doubt to argue liability.....yet still paid out a payment without prejudice - a measure to get me out of a hire car and stop me amassing thousands of pounds worth of hire charges which they maybe not be confident enough to win back....

 

who the hell knows...

[PastyBoy]

Almost 5 months down the line and this still has not gone away.

 

Despite being told 2 months ago (as per the above) that this was about to be closed it has not been!

 

It turns out that now (in the last few weeks) the third party has decided to try to claim for her Discovery.

This has probably been prompted by my insurance people trying to get them to close the case.

 

Due to the airbag going off the Disco was written off as uneconomical to fix and valued at around £1500 to scrap.

They are trying to claim 50/50 off of me.

 

My insurance are refusing to budge defending the truth (she pulled out into me and I was not in the wrong) although apparently the third party has managed to track down a witness - The car who turned off in front of me and flashed her out!!

Interesting given nobody stopped at the scene and certainly not that person.

 

Third party are threatening court proceedings which my insurance are saying is just a threat and they will back down given no evidence

 

I guess we shall see.

 

My confidence that this will not affect my renewal given they have 11 months to sort it out if quickly fading!

[Wardy]

Dreadful news that this is still dragging on!

 

Interesting angle on that 'witness' though, especially if there is a recorded statement that he flashed at her. Because as we all know, a flash of lights is actually an indication of right-of-way and the responsibility is still with her to check that the space she intends to move into is clear.....

[Huskoda]

Dreadful news that this is still dragging on!

 

Interesting angle on that 'witness' though, especially if there is a recorded statement that he flashed at her. Because as we all know, a flash of lights is actually an indication of right-of-way and the responsibility is still with her to check that the space she intends to move into is clear.....

Yeah, I'm wondering what use the witness could be?

 

It doesn't matter one bit whether they flashed or not. If they flashed for the correct use, to alert the Disco driver to their presence, they they shouldn't have pulled out. If they are willing to say they flashed her out, then they surely can get partial blame for the accident? Doesn't make sense either way.

 

They would also not have a good view of what happened at the junction, if they were even looking behind them. If they did see, why didn't they stop? How did they exchange details?

 

I have only one more thing to add: Dashcam.

[Dr Zoidberg]

Yeah, if their defence is that someone else flashed them out that's shooting themselves in the foot. You are not in any way responsible for the actions of the car ahead of you, and it's still their responsibility to make sure it's safe to pull out.

[PastyBoy]

Their argument seems to be that I veered wildly into the oncoming lane to veer around the car in front of me which had stopped to let her out.

Upon going around said vehicle and pulling back into my lane she'd pulled out and crashed into me or I guess from her point of view I crashed into her!

 

The facts that the car I manoeuvred around wasn't actually infront of me as it had exited at least half off the road in to the slip road to the left and I wasn't on the other side of the road I was barely into the chevrons in the centre of the road (which I'm allowed to be as they are bounded by broken white lines) are clearly being ignored.

This is the basis of my insurance companies defence.

She was the one pulling out. The responsibility of if it was safe of not is entirely hers. She made the call. It was wrong.

how can that possibly be my fault!? :S

 

Ah well I guess we'll see.

 

I am truly intrigued by the witness though.

A white van man stopped at the scene to make sure size was already (airbag in face and all that) but left shortly after we'd all confirmed we were ok.

The blue Ibiza was deffo not in sight and nobody came forward - UNLESS it was after I'd left.

 

Big old he said she said but who knows.

[Steamfan]

whos your insurer I hope its not Hastings ?

[PastyBoy]

Policy is with Equity Red Star bought via Adrian Flux as a broker.