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Help! Non-Fault collision on roundabout - how best to handle :(

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It's a topical debate, if driver was ahead of you and not beside you, I suppose technically you hit him, so hit-for hit?

I would have to have been there to make any sort of judgement and really no-one here on Briskoda is any postion to pass judgement who was in the wrong, for simply not being present at the incident, sorry.

 

Exchange of driver details as well as informing your own insurance company informed, goes without question.

  • Author

Oh, I'm not looking for people to soothe my ego and tell me I'm right.  I'm just after the best advice on how to go about the whole process.

 

They hit my rear passenger door and wheel.

 

I fail to see how I could have avoided it.

 

I should have been clearly visible to them and I simply fail to understand how they chose to turn into me. The road layout has recently changed and I suspect they were on autopilot and not paying attention.

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With Legal Cover (Both via mainstream insurers and Skoda Ensurance) are you able to nominate a legal team of your choice? or must it be the one they give you?

Also - Skoda Ensurance's legal team tell me they take up to a 10% cut of a settlement and want you to buy £200 legal insurance cover just in case you lose too!

 

What exactly do you pay a premium for legal cover for?

 

You have to take the team they give you. Sounds like your firm's legal cover is not no win no fee then. It could be worse - without legal cover, if you appoint an accident management firm to progress the claim AFTER the event they could take upto 25% of your settlement in costs.

 

Useful article here - http://www.briskoda.net/forums/topic/331679-every-driver-needs-to-know-this/

With Legal Cover (Both via mainstream insurers and Skoda Ensurance) are you able to nominate a legal team of your choice? or must it be the one they give you?

Also - Skoda Ensurance's legal team tell me they take up to a 10% cut of a settlement and want you to buy £200 legal insurance cover just in case you lose too!

What exactly do you pay a premium for legal cover for?

Why are you using ensurance instead of your own insurers legal protection?

Or do you not have it? So many people cut the £20 odd to save money, but times like this it can be invaluable.

Do you have a link to a map of the roundabout?

  • Author

Why are you using ensurance instead of your own insurers legal protection?

Or do you not have it? So many people cut the £20 odd to save money, but times like this it can be invaluable.

I have the choice of either, as it happens.

I way well appoint a chosen solicitor rather then one of their panel claims handlers/solicitors.

Just waiting for more info on the best way to manage it. I believe either Ensurance or my regular insurers will be responsible for funding them.

Topics merged.

  • Author

Do you have a link to a map of the roundabout?

Not much use as streetview is out of date, it's a new roundabout

I have the choice of either, as it happens.

I way well appoint a chosen solicitor rather then one of their panel claims handlers/solicitors.

Just waiting for more info on the best way to manage it. I believe either Ensurance or my regular insurers will be responsible for funding them.

 

I don't think either will let you pick.  So if you want your own chosen solicitor, you'd have to foot the bill yourself.

 

Why wouldnt't you want their own legal teams?  Especially your own insurer will will have teams who do this stuff day in, day out?

 

Not much use as streetview is out of date, it's a new roundabout

 

Might still be worth sharing as someone might be able to offer local advice/insight

  • Author
I don't think either will let you pick.  So if you want your own chosen solicitor, you'd have to foot the bill yourself.

 

Why wouldnt't you want their own legal teams?  Especially your own insurer will will have teams who do this stuff day in, day out?

 

I'm not sure you have to use their panel solicitors, much like you don't have to use their own bodyshops, despite what they would like you to believe. But happy for sounds advice either way.

Given the choice, I'd go for independant solicitor that has no conflict of interests. i.e doesn't have to keep the referring insurance company happy.

But they'll be looking after yours and your insurers interests as it's in their interest to do so ;)

 

If you feel they're not acting in your interest, you can complain to the law society - http://www.lawsociety.org.uk/get-in-touch/complaints/

  • Author

It feels like it boils down to

a ) Insurers solicitors - do it all day every day, may have a conflict of interests as they rely on bulk-cases from the insurer with which they wish to have a longterm and profitable relationship.

b ) Independant specialist motoring claims lawyer. - Same experience/expertise (arguably more) and they work solely for you.

Obviously the costs may differ depending on what my legal insurance atually covers.

Legal insurance does feel like a bit of a scam though. More like you are paying a premium and just get referred to a solicitor that would work for you under the same terms anyway (although you may have to stump up costs up front)

Lets not forget that insurance works by charging a large group of people MORE for something than the service actually costs. Depends on your attitude to risk and self-insuring for things up to a certain value.

e.g., mobile, laptop, bike - self insure and if you are a careful person you will win long-term.

House, car, health - pay insurance.

Legal insurance is usually around £20 on a policy.

I'm lost as to why you'd forgo this and spend several several £1000 of your own money instead.

Is this down to previous experience or just a personal opinion?

  • Author

Legal insurance is usually around £20 on a policy.

I'm lost as to why you'd forgo this and spend several several £1000 of your own money instead.

Is this down to previous experience or just a personal opinion?

 

More, that like a lot of insurance what you are actually covered for is overstated rather than comprehensive. If the solicitors get a % of claim and demand an extra premium in case they lose what are you actually getting for your premium?

 

I'd be interested to hear a no-BS rundown from a solicitor as to what they would do in my boots.

Having said all that, for £20 I'd probably just say "yes go on then".

I thought (from your other thread) it was Skoda ensurance asking for this money not your insurer?

I am lost now. 

Was it just a low speed collision on a new / newly marked roundabout and damage to both cars?

 

How much Damage, and when and where is the damage being assessed?

 

?

Any picture of the damage?  Just being nosey there.

  • 6 months later...
  • Author

Heya,

 

For anyone that cares...

 

The other party's insurers have now accepted full liability. It only took 6 months.

 

I believe it happened when they finally obtained the police report. I strongly suspect the other party's account fell apart at this point and they threw in the towel.

 

What have I learned? Next time I'd pay the £90 for a police report from my own pocket rather than wait 5 months for the insurers to get around to it, despite my insistence.

 

 

Now I expect the uppy-downy bull**** around the value of a personal injury claim. Any advice on how to proceed here? Ignore the first three offers?

 

Finally, I now have proof of not being at fault - any advice on how best to avoid increased insurance premiums in the future? Annoyingly I can't claim anything back for the hike in premiums I have had to pay whilst the claim has been in-progress/unsettled etc.

Legal insurance is usually around £20 on a policy.

I'm lost as to why you'd forgo this and spend several several £1000 of your own money instead.

Is this down to previous experience or just a personal opinion?

 

Read the policy wording when you buy 'Legal Cover' - you will only be covered if they believe there's a 51% chance (in their opinion) of you winning a claim. If you have a none-fault accident without legal cover - you'll still find pretty much any paralegal is going to be willing to work for you (as they will charge their costs to the third party's Insurer) - The only difference when not having legal cover from the start of your policy is that you may be asked to purchase an After the event legal policy (at an increased cost) out of your compensation money IF you win.

 

And these £50,000 legal expenses cover's you get are for court costs - Has anybody on this forum ever actually had to go to court to defend their version of a claim? If you were asked to go to court - and you didn't have legal backing, you would admit that the claim is your fault - not stump up £1000's for the sake of potentially keeping your NCB.

 

Basically - Claim not your fault? Any Tom, Richard or Harry would fight for the opportunity to manage your claim for you.

 

Claim your fault? "Sorry mate - it's in the T's & C's, our legal cover can't do anything for you" - Claim management company you paid £20 to (well, more like £1 for the paperwork, rest goes to the broker as commission HAHAHA!)

 

It's a big scam IMHO.

Edited by Orchideous

Read the policy wording when you buy 'Legal Cover' - you will only be covered if they believe there's a 51% chance (in their opinion) of you winning a claim. If you have a none-fault accident without legal cover - you'll still find pretty much any paralegal is going to be willing to work for you (as they will charge their costs to the third party's Insurer) - The only difference when not having legal cover from the start of your policy is that you may be asked to purchase an After the event legal policy (at an increased cost) out of your compensation money IF you win.

And these £50,000 legal expenses cover's you get are for court costs - Has anybody on this forum ever actually had to go to court to defend their version of a claim? If you were asked to go to court - and you didn't have legal backing, you would admit that the claim is your fault - not stump up £1000's for the sake of potentially keeping your NCB.

Basically - Claim not your fault? Any Tom, Richard or Harry would fight for the opportunity to manage your claim for you.

Claim your fault? "Sorry mate - it's in the T's & C's, our legal cover can't do anything for you" - Claim management company you paid £20 to (well, more like £1 for the paperwork, rest goes to the broker as commission HAHAHA!)

It's a big scam IMHO.

We have had several posts from cases that went to court.

The legal cover doesn't just cover accidents either

We have had several posts from cases that went to court.

The legal cover doesn't just cover accidents either

 

Care to elaborate on what benefits you get from taking out a legal policy?

Care to elaborate on what benefits you get from taking out a legal policy?

Depends on the insurer, but mine covers a whole range of legal areas.

A friend of mine used his legal cover for his employment issues & tribunal.

Like all insurance it only has a real value when you need to claim on it.

Depends on the insurer, but mine covers a whole range of legal areas.

A friend of mine used his legal cover for his employment issues & tribunal.

Like all insurance it only has a real value when you need to claim on it.

 

I imagine that was under his household legal expenses - which personally I would opt for as that can offer great cover, work & employment disputes, neighbour boundary disputes, & free legal advice helpline and so on.

 

Motor legal expenses is a different ball-park - Something I have never considered to be worth a penny. In order to utilise your motor legal expenses cover, you'll find that you HAVE to use the claims management company that works in association with the legal expenses provider (you'll usually find, this is the same company!).

 

So say for instance you didn't want the company 'Joe bloggs vehicle rentals' to deal with your claim (who your insurer/broker will push you on to when you call about a claim - for referral money), but you wanted to use a company reputable to you - you would find that your legal expenses policy will not offer you any cover because you didn't use their claims management company (again, who is likely, themselves).

 

 

Bottom line, simplified - None fault claim - Any claims management company will jump at the opportunity to deal with your claim (submit invoices to third party insurer for loss of earnings, personal injury, expenses following accident, credit hire vehicle whilst yours is repaired and so on). They will also charge the third party insurer for their services in doing so - writing letters to the third party insurer.

 

Fault claim? You have no defence - your legal expenses policy will say nope - in our view it's your fault and the policy stipulates we will not cover you.

 

The only guarantee with having legal cover before an accident - is that if the legal expenses provider/ claims management company DOES agree that it's not your fault, and therefore starts proceeding with obtaining a credit hire vehicle, injury medical reports and so on, and then it turns out the claim is settled in the third parties favour, you will not be liable for any of these costs. Again - if you rang a different claims management company, not through your legal cover, and the same situation as above happened - they will likely get you to agree to buy an after the event (ATE) legal expenses policy before dealing with your claim - again giving you the same guarantee.

 

If you opted to use any company other than the legal provider offered when you took out your policy, your £20 legal cover will cease - So this is why I would not pay the £20 upfront.

 

So comparatively, all your doing by buying legal cover every year is 1) locking yourself into a specific claims management company, or opting to choose another and loosing your legal cover

2) Saving money when you compare the cost of a before event legal policy (£20 - £30 normally), or an ATE legal policy (for which I paid £250 for out of a decent compensation amount - with the guarantee I won't have to pay this is the claim falls through).

 

It's all very well when a sales agent tells you "this covers you for loss of earnings, personal injury and courts costs - it's really essential sir - but it's optional I'm required to tell you" - when they're thinking "please buy this - I have targets to meet and our company takes 95% of the money for this 'legal cover' your buying. - Be ignorant if you will, and believe what they say - but they really are missing out a whole lot of information relevant to what your buying - mainly, because it's too confusing for them to understand what it actually is, they're just trained to read to you the 'features and benefits' of the policy, together with significant exclusions - "it will only cover you if the claim is not your fault".

 

Sorry to rant - but having worked in insurance one of the reasons I left is that I was targeted to force feed this poop down clients throats by means of targets.

Never had it pushed. I've been asked if I wanted it or for it to be explained.

Never had it pushed. I've been asked if I wanted it or for it to be explained.

 

Companies vary in where they target their staff or not. One company might focus on nitty things like add-on targets, other companies may focus on ensuring that their brand remains as untarnished as possible, by not being pushy.

 

Anyway, your original reply to my original post on the issue was quite dismissive of what I was saying. Your new reply has focused on a single thing I said out of a large post filled with information. I'm not trying to be unfriendly at all, but I was simply responding to your question - 

 

Legal insurance is usually around £20 on a policy.

I'm lost as to why you'd forgo this and spend several several £1000 of your own money instead.

Is this down to previous experience or just a personal opinion?

 

If you don't wish to believe to my opinion alone;

 

http://www.whitedalton.co.uk/motorbike-blog/2010/07/legal-expenses-insurance-policy/

 

http://www.lampkins.co.uk/news/legal-expenses-insurance-worth-it-or-rip-off/

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