Pasty Wagon Accident

[niceyellow vrs]

Any news Mr Pasty? I've just got back from court and to say I'm displeased is an understatement.

 

It basically boiled downed to the argument over my account saying both vehicles were still moving and them saying they'd stopped and I skidded into them. Judge said he couldn't prove either way so by going any way other than in their favour would be calling them a liar. Um, what about me then? I must obviously be a liar despite being very reasonable through the whole thing.

 

Hope you get a better Judge than I did.

[devonutopia]

All I can think of when reading these threads is camera camera CAMERA.  :(

[PastyBoy]

I called them last Friday (as it was the 9 month anniversary) just to see how things were going; and bascially...they aren't.

 

My insurers are still unable to get any movement at all out of the third party's insurers (Admiral)

2 months ago (7 months after the accident) they send a letter saying they were issuing proceedings to go to court and since then nobody has heard anything.

Equity Red Star have appointed solicitors to fight my case should a summons ever appear but they highly doubt it will.

 

I'm chasing as i'm keen to get it all closed off before my renewal in December but that looks about 1% likely of happening.

However ERS can't get anything out of anyone and they sat for 10 minutes on hold with Admiral while i sat on hold with ERS waiting for someone to talk to us let alone to actually get a decision.

 

Unfortunately I feel i'll be in much the same position as you Hayden.

 

I say my overtake was of a car that was already off the carriageway, she says i veered wildly around a car in my lane.

My word against hers.

No videos, no witnesses (expect the one she may have found/fabricated).

 

All that's going in my favour is that she pulled out of a side road.

That kind of means it's her fault much like when somone is rear ended.

My insurance an adamant that'll it'll play out that way hence their stance of refusing to settle and welcoming court action.

 

In all honesty I really can't be arsed.

I'm tempted just to settle to make it go away but they think - no why the hell should i?

I did nothing wrong. She pulled out and drove in the side of me. Why should i pay for half her vehicle?

 

I dunno.

 

My guess is I'll have no choice but to sit in silence and get shafted at renewal time only for the "open claim" to be closed a few days later and have a new fight to get some sort of refund.

Starting to think insurance is the biggest mandatory scam ever.

You pay hundreds of pounds ever year so that you are protected only for that protection to crumble as soon as it's needed or be so imprenetrable that you can;t get it to work for you.

[gadgetman]

This highlights just why skimping on the £20 or so legal cover is a false economy.

Hopefully they'll sort your case out favourably, but I suspect it'll be 50/50.

Surprised the judge didn't go 50/50!

[niceyellow vrs]

This highlights just why skimping on the £20 or so legal cover is a false economy.

Hopefully they'll sort your case out favourably, but I suspect it'll be 50/50.

Surprised the judge didn't go 50/50!

 

Indeed. If I didn't have the legal cover, today would have been a £4085 disappointment for me

[PastyBoy]

Even with legal cover in place if the third party wont respond nothing's going to happen and despite me pushing the issue apparently there is nothing that you, i, or any legal team can do to force their hand.

 

Apparently it's quite common for large insurers to have a 6 months backlog and there practically no time limits in place for them having to act.

[BossFox]

Some good news, you will probably get a refund when it's settled if it doesn't go 50/50.

After a year of being sideswiped by the lorry on the M25 my case was closed as non-fault (video evidence) and they automatically put 20% of the premium back in the bank. (Admiral)

[PastyBoy]

Thanks Rich

Good to know that it does actually happen.

Won't make my wallet feel any better just before Christmas but hey ho

[PastyBoy]

Just over a year on and we have movement.....

 

nah just kidding absolutely no change whatsoever.

 

I dropped Adrian Flux like a hot potato at renewal time as they were almost 3 times the price of moving elsewhere.

This claim remains open at Equity Red Star and i'm assured that it is diarised to be chased by them every 21 days.

From what I can tell that means once every 3 weeks they get put on hold for 10 minutes by the 3rd party and then go - "ah well there's nothing we can do here. lets try again in 3 weeks time".

That means the case will remain open and there's nothing I nor they can do about it.

Until it gets automatically closed after 1 year without contact from the 3rd party.
The issue with that is that that's August time when i got issued with "proceedings" for a court appearance which has never materialised.

My biggest fear is that in July there'll be another letter confirming "yes we are actually going to take you to court (like we said we were going to 11 months ago)", and another 12 month countdown with no movement begins screwing me over for another renewal.

 

Maybe that's my inner pessimist but  we'll see I guess

[hutchysrs50]

I had a simple accident over 3 years ago, still open and undecided....

I'm pretty sure this is down to them...

Claiming whiplash

Claiming for several people who weren't in the car

Claiming it was at 40mph (my tracker showed about 5mph)

He also drove off at first, before phoning the police and going to hospital.

Just as you say... For the past three years I've had to say I've got a claim even though it wasn't my fault.

[Gyp]

It's been over a year now with the chap that ran into the back of me while I was stopped in traffic.

I don't think he's saying he didn't run into the back of me, but I suspect he's saying that the damage wasn't caused by the accident (rear bumper deformed just like it should and cracked where it flexed).

As I agreed to trade the car in a couple of days earlier, I have the a copy of the appraisal from the dealer which shows no body damage at all. Might come in handy.

Now though, in paying higher premiums as there is an unsettled claim :-(

[Soot1e]

Cliff & others with outstanding claims,   wouldn't the Insurance Ombudsman be interested in these outstanding cases?  It is the Ombudsman job to bring about a settlement in these cases.

[hutchysrs50]

I was thinking similar last night

I could be entitled to loads of cash!

[PastyBoy]

and today Admiral have pulled their thumb out of their ass and decided that actually of course i couldn't be in the wrong when she drove in the side of me and will no longer be looking to claim any money back from me.

 

 

Now just need to prove that it's been closed off and I've not got a fault against my policy to my new insurers and potential refund here I come.

[RobClubley]

Great news - at last!

[Adam_]

Excellent result

[Wardy]

Great news Pasty!

[Lady Elanore]

Result

[danny6189]

Brilliant news. That sure did drag along.

[vindaloo]

I wonder what her position is now? Wonder if her ins co still back her and if her "insistence" paid off.

 

Edit: s/or/and/  that such a small word confuses things and makes me look a muppet... <sigh>

 

J.

Edited 20 February, 2015 by vindaloo

[Gyp]

Yay! Must chase mine soon. Only been 13+ months in my case though

[PastyBoy]

...potential refund...

 

has turned into actual refund

 

£63 back in my sky rocket and a clear record to move forward with.

 

shall now lock the thread as it is finally finally closed and done