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Definately Female!
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Discussion Starter #1
I just had a call from my Insurance Company about the accident I had a while back, to cut a long story short for those who didn't read my thread before, I was stationary waiting to turn left this great big van turned right in front of me and scraped along the side/rear of my car.

He has said that I was turning left whilst he was stationary! The damage to my car was 20 inches in length and I wrote back to the insurance Co saying that it would be impossible for me to cause that much damage to our vehicles if I were turning left as my car would have been moving away from his van at a left angle, I would have had to be going straight on or turning left to have caused damage and given the road measurements and the length of his van, I would have been too far along the road to do that damage and then have enough road space left to swing left.

They are saying that it is hard to prove I was stationary and that an road measurements and damage measurements would not be taken into account :mad: :confused: Also the fact that I was with a friend and my son doesn't count as they are not independant (son too young anyway). I am so angry that they seem to feel it is difficult to prove when surely the damage caused and road measurements are a big factor.

I am wondering why I bother to pay for insurance, if I hit someone and drove off I would only get a caution it is an utter joke that this may go down to me or split 50/50 when it is physically impossible for me to have been turning left and to cause this damage, especially as he has drawn the position of the vehicles exactly the same as me :confused: Arrggggggggggggg
 

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It's frustrating I know.

Quite a few years ago now I was coming North from the M4 around the roundabout by the other Tesco at Bulls Bridge and a car came from my left, turning right whilst I was going straight on and took my front bumper off, so in a nutshell, the other car was in the left hand lane on a roundabout, turning right !

The insurance companies got together and also put that down to a 50/50 even though I was in the correct lane. As it happens I've got protected so I lost nothing and I kept a keen eye on subsequent renewals and they certainly didn't rise as a result.

The bottom line is that you really need an independent witness.
 

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I just had a call from my Insurance Company about the accident I had a while back, to cut a long story short for those who didn't read my thread before, I was stationary waiting to turn left this great big van turned right in front of me and scraped along the side/rear of my car.

He has said that I was turning left whilst he was stationary! The damage to my car was 20 inches in length and I wrote back to the insurance Co saying that it would be impossible for me to cause that much damage to our vehicles if I were turning left as my car would have been moving away from his van at a left angle, I would have had to be going straight on or turning left to have caused damage and given the road measurements and the length of his van, I would have been too far along the road to do that damage and then have enough road space left to swing left.

They are saying that it is hard to prove I was stationary and that an road measurements and damage measurements would not be taken into account :mad: :confused: Also the fact that I was with a friend and my son doesn't count as they are not independant (son too young anyway). I am so angry that they seem to feel it is difficult to prove when surely the damage caused and road measurements are a big factor.

I am wondering why I bother to pay for insurance, if I hit someone and drove off I would only get a caution it is an utter joke that this may go down to me or split 50/50 when it is physically impossible for me to have been turning left and to cause this damage, especially as he has drawn the position of the vehicles exactly the same as me :confused: Arrggggggggggggg
Forgive me if you've already answered this in yr last thread TC, but has the van driver admitted liability?

The chances are that the van is covered under business insurance so won't make a lot of difference to the driver. If you can get him to admit liability, you'll be onto a winner. Might do you as well to contact the van driver or his company directly.

Not making yr Ins Co. aware of all the material facts or circs regarding an incident is against the law. Mr Van Man will know you were stationary...

Your ins co. should be having this out with the other ins co. Thats what we pay them for...
 

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Wine and cooking !
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Hello TC,

Thats common with insurance, sharing responsability is cost cutting "I do you a favor, do one for me next time" !

So contact you insurance telling them you dont agreed with the conclusion. If you have witbesses ask them for a written testimony.

Was the bill heavy and did they plan to increase the cost ?

Good luck to you
 

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Definately Female!
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Discussion Starter #5
Kremmen - that is good to know it didnt affect your insurance premium, I too have protected no claims but it still makes me angry!!

Lexie - It is the van driver saying that I hit him, so it must affect him at work in some way I guess, he did mention he was supposed to be getting a new van. Im so annoyed with myself for not taking a picture on my mobile as soon as we got out our cars, but you know whats it like I just didn't think and when it did come to mind he had already moved out the way.

I-noel - yes the Insurance Co did mention that disputes can only go so far due to costs!! Absolute joke it really is, it is obvious that manouvering a car in a certain way would cause different types of damage so how they can say that doesn't count amazes me.
 

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Fight the f*ckers!!

You have logic in your argument & the insurance company is trying to get you to agree to them saving their own costs. Tell them you do not accept their proposal to settle & see where that takes it.

When I had a disputed fault claim like this my insurance company were about to drop it & say knock for knock, but I argued & they pushed again at the 3rd party & won. It took them 18 months to get to the point of dropping the fight, but about 2 weeks to win the final push.

Good luck.
 

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Definately Female!
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Discussion Starter #8
Hi TC - what is the link to your original thread so I can read it? I work in insurance and will have a review of it and let you know what I think.
Thank you :)

It doesn't actually tell you much more, but to add to it, he is saying he had already turned right and was going straight past me and I was turning left hitting him (if you get what I mean)

http://www.civinfo.com/forum/showthread.php?t=3992
 

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Foglight Covers FORSALE
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take it to court if need be. let a judge decide, if you have legal expense cover then it wont cost u a penny. if the other person does not show on the day of the hearing then you have won your case.
 

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It's frustrating I know.

Quite a few years ago now I was coming North from the M4 around the roundabout by the other Tesco at Bulls Bridge and a car came from my left, turning right whilst I was going straight on and took my front bumper off, so in a nutshell, the other car was in the left hand lane on a roundabout, turning right !

The insurance companies got together and also put that down to a 50/50 even though I was in the correct lane. As it happens I've got protected so I lost nothing and I kept a keen eye on subsequent renewals and they certainly didn't rise as a result.

The bottom line is that you really need an independent witness.
Kremmen,

I have protected too, but was told that although your no claims will stay intact they will put a premium on the fact that you have had an accident in the first place :confused:. Spsducati may be able to advise if this is correct.
 

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It's frustrating I know.

.........

The bottom line is that you really need an independent witness.

It would be lovely to think that, but even with 2 witnesses I lost 3 years of NCB thanks to a pedestrian and her friend stepping out in front of me whilst riding a bike on a car park in manchester, (trafford centre), I was drawing up to stop and was going VERY slowly (just walking pace, having to dab foot on ground for balance etc) they were so busy chatting that they didn't check the road was clear and stepped out a couple of feet in front of me, basically giving me no chance to brake or swerve, although i did try my best. I had a pillion on board. at the last second the 1st girl saw me and stepped back, i saw a gap between the two as the second girl hadn't seen me at all and was still walking. her friend reached forward and pulled her back onto my bike (which she admitted to the police). It was all going to court when the barrister said I would probably get a 90% in my favour 10% in hers as i should have stopped if i was unsure as to what they were going to do (I'd never get to work if i did that, and until she stepped out, I was sure she would stay on the pavement). That 10% would still lose my no claims bonus.
Bloody where there's a blame there a claim no win no fee robbing charlatans.

I feel for you topcat, honest injun and I hope you get it sorted, but business being business i have an odd feeling that it might not go in your favour.
 

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Ok excuse my rant, but...f***ing van driving scum!!!! Down to one of these a**holes that I kerbed one of my Blades coming out of the dealers after picking the car up last week..they just dont give a s**t do they?? :mad: :mad: :mad: :mad:

Enough profanity...sorry to hear that mate...all I can say is persevere..had a similar situation last year when some silly tart (sorry ladies, its not a gender thing, honest!!) pulled out in front of me. Even though I was only doing 20mph, my saxo VTR was a write off! Unbelivably, she denied liability and I really had to push the insurance company to sort it out. End result? Accident happened 20 Jan 06...claim settled 2 weeks ago...thats insurance for you...which company are you insured with?
 

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hmm - difficult to really get the manouvers in perspective - do you have a plan of the accident? i'll PM you an e-mail address if you have a scan.
 

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Any accident nowdays it is esential to get photos of the scene, I had someone drive into the back of me about 12 years ago, they accepted liability and there were also police present. Still took a while to sort though. Thankfully I was fully comp.
 

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Definately Female!
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Discussion Starter #15
hmm - difficult to really get the manouvers in perspective - do you have a plan of the accident? i'll PM you an e-mail address if you have a scan.

I dont have a scanner anymore, thank you though, I took some photos of the site and a google earth map, the stupid thing is, his diagram isnt too different to mine and if someone took the time to go and take measurements they would see it is impossible for me to hit him while turning left and stay in contact for 20 inches!

Im insured with Sheila's Wheels, they were quick to get it fixed and to authorise replacement of my dash after their approved garage scratched up mine.

I have legal cover but she said it wouldnt be worth taking it to Court Grrrrrrr - if details like measurements are not taken in to account then what is the point of completing an accident claim form and a drawing a diagram.
 

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I have legal cover but she said it wouldnt be worth taking it to Court Grrrrrrr - if details like measurements are not taken in to account then what is the point of completing an accident claim form and a drawing a diagram.
Why not try calling their bluff & say that if they are going to give in to 50/50 then you may as well save any more argument & cost them more money by writing to the other side & accepting full liability, cos it isn't going to cost you any more is it? They are hardly going to be happy with that & might decide to fight to support you instead.

May not work but that's the argument I'd put - if they don't care about the truth, why should you?
 

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Definately Female!
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Discussion Starter #17
Why not try calling their bluff & say that if they are going to give in to 50/50 then you may as well save any more argument & cost them more money by writing to the other side & accepting full liability, cos it isn't going to cost you any more is it? They are hardly going to be happy with that & might decide to fight to support you instead.

May not work but that's the argument I'd put - if they don't care about the truth, why should you?
I will try that if it comes to it :rolleyes: why can't things be straight forward once in a while? Then again if they were I would never have found this forum or filled it up with so many moans ;)
 

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I will try that if it comes to it :rolleyes: why can't things be straight forward once in a while? Then again if they were I would never have found this forum or filled it up with so many moans ;)
I didn't find this forum cos I had a problem with my Civ or cos I had something to moan about... I found it cos I was looking for reviews & shared good experiences of my new car.

Glad I found it cos it's a fun & relevant read, but also now I have some moans it is often a productive environment to air them in.

Mind you, it has also made me a little paranoid & I find myself noting every creak that would otherwise have gone unnoticed wondering if that could be what so & so complained about on Civinfo. That's probably why some dealers don't like Civinfo.
 

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Hmm.. ok.. I need some help here guys in order to understand some things, even I lived in the UK for almost 12 yrs, and luckily never had an accident. When you are saying (TC that goes to you) its a 50/50 does that mean you have to pay for the damage on your own car? Or does the insurance pays it for you? That is of course if it is fully comp? And if the insurance pays it for you, do you loose your no claims bonus?
Sorry just a little confused here...
 
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