This is really gutting stuff! Without sounding like a dashcam vulture this is when they really come in to their own and claim times are massively reduced as well as no arguments over liability! Hopefully the insurance company will keep on fighting it! Best of luck mate

Ah....  Good  Just for reference Hastings do not let you have salvage, my late Octy was cat C I wanted salvage but found it nigh on impossible they send a lot of their cars to Motorhog who auction them

Edited 4 June, 201412 yr by Steamfan

 

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

 

Quite simply because you are debating whose version of events is true.

Her version says you overtook a car and caused the crash.

 

Nobody knows what happened 100% because you have no video.

It's only a story with two sides.

Both insurance companies should defend their policy holders and believe them.

Show them a video and the person who was wrong would have admitted liability within a day.

 

Are there any pictures of both cars and their positions on the road at the time of the crash when they were touching?

If not there is no way to actually tell if she is correct or you are.

 

Maybe she was right across the road, out of the junction when you did a dangerous overtake and veered back into the lane hitting the front of her.

Maybe you were driving along minding your own business when the silly bint pulled out into the side of your car.

Without proof of some sort that can't be denided how do the insurance companies make a decision who is right?

 

 

Sorry for the devils advocate bit, but this is exactly why I spend over £10,000 putting drive recorders in all the work vehicles and then saw my premium fall by £40,000 the following year.

It's perfectly normal for insurance claims to turn into a total farce and the person who has done nothing wrong end up with 50% of the costs (which then encouranges the third party to decide they have an injury and push the cost up further now they are not 100% to blame.  Even if they were.

 

It really boils my pee!

 

Rant over.

 

Your insurer and your underwriter are not to blame in ANY WAY.

They are backing your side of the story.

They can't force the other insurance company to call their client a liar and admit liability unless you have proof!

Thanks Rich.

It's kind of become clear it's just going to be a mud throwing contest.

I have the rules on my side but with no proof and a magically materialised witness it kind of balances things up.

Unfortunately there were no pictures from the scene as my phone was dead and we just made sure we were ok and cleared the road as soon as possible.

I can do nothing but believe my insurers claims and allow them to do the arguing to aim for the win.

They are adamant that as the third party paid out for my settlement (which they have no way of recouping and is double hers) and this attempt at 50/50 on her vehicle is just a vain attempt to recoup something, and that the threat of court action is just that, a threat.

Who knows. I guess I've got 5 or so months to sort it out before it really becomes an issue.

I dont understand the point in insurance companies, until i had an accident i was always under the impression that they were meant to fight your side and try not to give money away.

now it seems its a case of pay out in case the other side has better lawyers and then they just go round in circles.

Its been over a year since my accident and about 4 months since i was told my case was being passes to solicitors.

Also have you had the problem where everytime you dont agree with your insurance they send a letter and email registering your complaint and apologising?

Eventually it may come down to 50/50.

What I suspect will happen is that both insurance companies will stick to their guns, until a court date is set.

Then a day or two before the hearing one of them will blink first, just in case the judge is having a bad day and makes the wrong call and they get lumbered with all the extra court costs.

If it's your side, you'll end up 50/50.

If it's the other side you are not at fault on your claims history.

 

That's my experience anyway.

 

This mysterious witness may be a PITA, if they are prepared to go to court.

Wow, just seen this thread. All of this mucking about seem s like a colossal waste of everyone's time!

 

Sorry you're having to go through all this Cliff.

I thought I was done with this but once again it's not keeping me up at night.

I know there's nothing I can do but it still goes over and over in your mind.

 

Playing devil's advocate even further if their argument is claiming that I caused the accident by move over take of a vehicle that, in truth had left my carriageway, but in their version of event stopped in front of me is there anything that actually say I couldn't do that?

 

 

If there's a car stopped here and there's nothing coming the opposite way is there a reason you shouldn't overtake it?

Nope no issues with that if road was clear etc

But what if something comes flying out of that turning on the right towards you.......................

 

Treat everyone else on the road like and idiot and you'll be alright - my dad told me that.

Oh I appreciate it's not a wise place to overtake - given the junctions on both sides - and I'd never do such a thing but if there's no legal reason I shouldn't what's their argument.....?

 

frustrating

Unfortunately without a witness its your word against theirs, even though she went into you she is claiming your manouvre was to blame.

It will go 50/50, whats most annoying is if it goes 50/50 both parties have to put it on their insurance anyway so why cant the one at fault(the third party in this case), just hold their hands up and say fair enough it was me, because it will be same difference either way for them.

Unfortunately without a witness its your word against theirs, even though she went into you she is claiming your manouvre was to blame.

It will go 50/50, whats most annoying is if it goes 50/50 both parties have to put it on their insurance anyway so why cant the one at fault(the third party in this case), just hold their hands up and say fair enough it was me, because it will be same difference either way for them.

Because that way they can raise the premiums higher for both drivers.

All too true.

 

My insurance are adamant (although really I guess I pay them to be) that the fault lies with her regardless of my actions as she was the one pulling out. 

Even if I had made a wild overtake the responsibility if with her to check and make sure things are clear before pulling out. Which they weren't.

 

We'll see

Shame you can't find this witness!

Meh. I dunno.

Of course I've only got the version passed from my insurance who only have the version passed on by her insurance who only have the version passed on by her.

My argument is that I was there for about 45 minutes sorting details out and nobody stopped.

Certainly not the driver who turned off.

 

Surely if they can claim that that is the person who was in front of me - with no proof - I can argue it's not....

 

I guess only issue becomes if the witness says they are.

Could I argue with them about who they actually are!

Yeah you must be able to otherwise there would be more fake witnesses in car crashes!

Yeah you must be able to otherwise there would be more fake witnesses in car crashes!

 

There are loads.

They normally suddenly vanish if it actually goes to court.

Ahh get the other side to admit liability with the threat!

Ahh get the other side to admit liability with the threat!

 

Or relatives with different surnames.

Pleased I've got the dash cams now after seeing all of this as well as the reported rise in crash for cash activities over the past year!

Yes.

In our latest accident at work there is a witness.

Interestingly on our drive recorder he appears from a building up the road and starts walking down the road towards the accident after about 10-15 seconds after the impact... :clap:

Crash for Cash?

Crash for Cash?

 

No, just a plum.

 

 

 

Sorry for going off topic Pasty.