Hi,

 

Ive got a situation ongoing that Id like your advice on. Back in November, Id just dropped my son off at school and was driving back down the road when someone pulled out from a parked position on my left as I drew level with them (hadnt indicated or anything). I hit the brakes immediately but my nearside wing made contact with their drivers side rear passenger door. When we came to a stop the female driver got out and was all apologies and tears. I looked at my wing and there was only a slight dent and scratching, her old x reg fiesta had a scratch down the door. We exchanged details and I carried on my way to work.

 

When I got there I looked at the damage again and wondered whether to make a claim. The damage is cosmetic but as they were so bang to rights having pulled out without looking I decided to do so. Then later I got a text from the lady in question saying something like "I was shocked and apologetic, but I was not solely to blame, can we sort this out between ourselves?". I just said we'll leave it to the insurers and that was it.

 

Now, after weeks of my insurers chasing, apparently theyve said that I hit them from behind. My insurers have pointed out to them that the reported damage doesnt match that story but they are stonewalling. 

 

Where do I go from here? I was in two minds about claiming anyway but it seemed so straightforward (ive been hit before and it was sorted out in days) I went ahead. Points to consider:

 

Ive had no repairs done yet, wasnt going to stump up the £350 excess as it was so clearly their fault.

Im insured to the hilt with legal cover, but of course that £350 quid excess.

You could easily walk past the car and not notice it was damaged, youve got to look at it closely. Ive changed a headlight bulb since then on that side with no problems or sign of interior damage.Car is nearly six years old.

I'm ****ed off that theyre lying - I dont see they should get away with that but on the other hand Im not sure I can deal with any hassle.

No witnesses - I know I should have found one at the time but it seemed so black and white that theyd pulled out without looking. Ive put that down to experience.

You are in a difficult position as no witness or photographic evidence.

It sounds as though she has bumped the car on the rear and as you have claimed through your insurance she is trying to blame you for the extra damage.

Personally I would pursue it as when it turns out that your vehicle can't have damaged hers on the rear, it works better in your favour as she submitted a false claim.

Photographs are key for the future. Both cars showing the damage and where they were at impact. Then move them to a safe place.

Good luck

Ive got a photograph of my car at the time, should have got one of her car too (I can see why people have in car cameras now!). If shes not making a claim (I dont think thats the case as far as I know) Illl probably not pursue it further but let the insurance company know that if they get any grief from othe other side, ever, we're going straight to court.

Sounds like they are trying to pull a fast one!

 

Also, bear in mind that if the settlement goes 50/50, or you decide just to claim on your insurance it'll be on your record and bump up your premiums for a few years.

 

Good luck whatever though!

Im not claiming on my insurance - I havent even had the repairs done as Ill be damned if I get stuck with the excess. I think she is just stonewalling so as not to increase the premiums on her ****ty car.

I expect a stalemate, with a 50/50 due to lack of other evidence and the only winners will be the insurance companies.

 

Your insurance will go up regardless as you have been involved in an accident, regardless of fault.

If that happens im taking them to court, ill have nothing to lose!

Take who, to which court, for what purpose?

I dunno, ive never been in this position before! My insurers say thats an option in future but for now theyre chasing the other side to explain why their version of events doesnt match the reported damage.

Just keep on at them.

It took me almost 18 months to finally get my case closed and that involved 2 written off vehicles

 

When i had a woman pull out of a side road into my me I simply rang my insurance and said I wanted to make a claim against X. 

She pulled out of a side road, into the side of me - BOOM - 2 write offs.

They did everything else

Got me a hire car, took my car off to be evaluated and subsequently written off and paid me my value back so i could buy a new car.

 

Only after all that had happened did the 3rd party try to apportion some blame my way and get me to agree to 50/50.

**** that.

black and white case she pulled out into me no chance. keep fighting.

So they did and eventually after over 12 months (18 months in total) the 3rd party eventually backed down.

 

have a read here (although maybe not with any sharp objects around)

What Huskoda says above is true, your premium will go up now regardless as the insurance company know you've been involved in an accident. They justify it by saying that people who are involved in one are statistically more likely to be involved in another. I doubt it would go up by £350, but to me its the principle when you've done nothing wrong.

 

I had a crash about 12 years ago now. I won't bore you with the details, but at the scene the guy was exactly as you describe; very apologetic, accepted full liability.

 

So the next day I went to report it at the local police station, only to find out he's got there first and basically said it happened about two miles from where it did, and at a different time of day. He's also saying that I was on the wrong side of the road (which in fact he was). Long story short, he kept this story up with his insurers. About 12 - 18 months later I get a letter from my insurance company saying they can't get him to back down and was I willing to go to court. Damn right I was! Sent them back the confirmation that I was willing to go and within two weeks he had backed down!

Thanks, It looks like im on the right track for now getting my side to chase them, and any legal action is a year away at least.

Latest news from my insurer is that the other side (their insurer) seems to be taking my side - as their customer hasnt been responding to emails/letters/calls, they're going to send one more letter then process the claim as it stands, ie their fault.

Here's hoping....

Latest news from my insurer is that the other side (their insurer) seems to be taking my side - as their customer hasnt been responding to emails/letters/calls, they're going to send one more letter then process the claim as it stands, ie their fault.

Here's hoping....

 

She's probably realised what a stupid mistake it was to lie about the circumstances, as insurers, and the companies they use are usually quite effective in validating where damage/circumstances don't match up.

 

Have you had the repairs done? As stated above, unfortunately no matter what happens you'll likely see an increase in your premium as you've been involved in an accident (fault or none fault settlement). Personally I would do a couple of quotes online to see if there's any difference in your premium when you enter either "accident - third party to blame but no claim made" OR "accident - third party to blame - full recovery made" and estimate the cost of claim when asked to input this. No change in price? I'd personally go for the repairs; why have your car value decreased for something that's not your fault?

 

Do consider that if you get repairs done, it can be a bit of a headache getting (if needed) a credit hire vehicle arranged (different from courtesy car which you probably won't get unless you have decent cover & your insurer is happy you're not at fault) a credit hire vehicle's cost will be claimed through the third party's insurance company. 

 

I'm also afraid to say in my opinion, legal cover is really quite crap - they are basically claim management companies - they'll only defend you if they believe at their discretion that you're not at fault. I would expect that for a claim this minor, it would not go to court (and that's not up to you to decide whether it does or not). Believe it or not, whoever you've insured with, have probably taken roughly 90% of the cost of legal cover as their own commission, the remaining 10% will go to the legal expenses provider. The legal expenses provider will only step in if they believe it's profitable for them (like any solicitor would). As far as I'm aware, the only guarantee you get with legal cover is that if the provider does give you permission to get a credit hire vehicle for instance, you won't be liable for the costs if it does turn out that the claim is settled as your fault.

 

*disclaimer - I worked in insurance for 5 years, however the above is not advise, it's purely information I'm happy to provide that I believe to be true based on my past experiences.

 

Best of luck!

Thanks for your advice, its helpful to have an expert's opinion. No I havent had the repairs done as yet - I was damned if I was going to saddled with the excess when it clearly wasnt my fault (and the damage wasnt severe). A hire car is part of my insurance policy, but yes, they want to get that money either from my policy or the other side. Ill only take one once the repairs are being done on their insurance.

 

I had a similar situation a couple years ago when my neighbour took the front off my car when it was parked. She admitted full responsibility, everything was sorted out the same day and it made almost no difference to the cost of my policy. So I dont expect it to do so this time. If it does, Ill probably shop around for another insurer. I have everything with one provider (house,2 cars, dog) - so its in their interest to keep me sweet. I know thats probably not how it works, but im offski if I think im getting screwed!

Edited 2 February, 201610 yr by ExPassat

Latest news from my insurer is that the other side (their insurer) seems to be taking my side - as their customer hasnt been responding to emails/letters/calls, they're going to send one more letter then process the claim as it stands, ie their fault.

Here's hoping....

 

This is what happened with me when I got T-boned on the left hand side at a roundabout. The guy kept fighting but his insurance eventually worked out he was lying and agreed with me

She's probably realised what a stupid mistake it was to lie about the circumstances, as insurers, and the companies they use are usually quite effective in validating where damage/circumstances don't match up.

 

 

 

 

It's about time these scammers are find for telling lies. A record should be placed on her file so all other insurance companies can see she tell's lies and has to pay a higher premium.

 

The End

Edited 2 February, 201610 yr by Auric Goldfinger

It's about time these scammers are find for telling lies. A record should be placed on her file so all other insurance companies can see she tell's lies and has to pay a higher premium.

 

The End

 

Well, there is a system in place in the Insurance industry where this is possible. It would be possible that her insurance company could cancel her policy due to the fact that she's given false information during an incident.

 

It's something you will always be asked when obtaining a quote (or you might find it's in the assumptions you agree to) have you ever had an insurance policy cancelled/declined/voided. If you answer yes to this, you will almost certainly be paying a higher premium, or you might find that you will only ever be able to purchase specialist insurance policies (again - expensive!).

 

Although the likelihood is that her insurance company would not cancel her policy, despite her giving false information, as it could then leave that company liable to a complaint.

 

Ugh.. Insurance. Terrible industry.

FINALLY!

 

The other side's insurance has accepted liability "without prejudice", which means that she could pursue me independently. But as she hasnt bothered to answer emails, letters etc that seems unlikely. My excess is waived! No claims unaffected!

FINALLY!

 

The other side's insurance has accepted liability "without prejudice", which means that she could pursue me independently. But as she hasnt bothered to answer emails, letters etc that seems unlikely. My excess is waived! No claims unaffected!

 

RESULT  Well done

Good news, to many people not wanting to accept responsibility when they have done something wrong. It's always someone else's fault...

Congrats  :clap:

 

My wife's car was hit outside our house, took drivers details and car reg only to be told the car held no insurance and driver untraceable. Ended up paying for it myself, car still drives around the area but police wont do a thing.

Thanks all, If it hadnt been for your encouragement I might have given up!