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Please help! Car accident, forcing 50/50


sasha_108
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I really hope someone can help. Last year whilst on holiday in Cornwall we were involvoled in a minor accident in a Supermarket carpark.

 

We had just got into our car with my other half driving and started reversing out of our space. My other half then stopped the car and said 'what is she doing!' I looked behind us and the woman in the other car was reversing towards us. It was obvious she wasn't loking so I told my other half to drive back in te space as she was going to hit us. He moved so fast back into the space to avoid her the wheels spun so plenty of people were watching! I lent over beeping the horn before we moved forward but she still carried on, it looked as if she was talking to the elderly woman in the passenger seat.

 

As we moved forward she barely touched the car, just scraped the corner of the bumper of our car. We got out, and walked over to her, and she tried to drive round us, and even with us stood in front of the car she was inching towards us! Eventually she wound down the window and asked what the problem was, we informed her she had hit our car, and she said she hadn't had an accident.

 

It was only when we pointed out the scuff on our bumper she admitted it had happened, but refused to give details, she then told us she was going to park her car back into the space but tried to drive off again! It was only when a witness approched us and said she had seen everything and gave us her name and address that the lady gave us her details, well her name and reg number anyway. She said she couldn't admit liability as her husband had told her she shouldn't which is fair enough so it was left at that.

 

After arriving home just over a week later, we contacted Norwich union to inform them of the accident. They told us that she hadn't even reported the accident (surprise surprise) and advised us to get the car fixed at a reccomended repairer, pay the £120 excess and we would get it back after the claim was sorted. As we were due to go away again with our touring caravan when the repair was being carried out, Norwich union gave us a Freelander to tow with. As it was such an expensive car we paid the extra per day of about £10 I think to insure the car properly so we didn't have to pay anymore if we had an accident.

 

The repair took a week, and when we got it back we were appauled at the repair. They had literally sprayed the corner scuff and nothing else. You could see where the join was, they had to come back out to us blend in the join in paintwork! This cost us £120 plus the extra insurance on the freelander.

 

A few week later we were informed by Norwich union that the woman wanted 50/50 as we were both reversing and the Witness wouldn't answer phonecalls or letters. We have spoke to the indian call centre numerous times (when we are not being cut off) and they don't seem to be able to get it into there heads that we were not reversing, but going forward, ans as whe didn't know she had hit our car until we pointed out scuffs on her car and ours, it was obvious we saw her and she hadn't seen us so how can that be 50/50???? If we had both been reversing it would have been a case of saying sorry to each other and leaving it at that, because her carwas mega old, battered and cover in scuffs, and mine is 10 years old, ad it was only a tiny scuff. The only reason it went to insurence is because we called (she didn't) as it wasn't our fault, why would we contact the insurance for something so minor if it was 50/50?

 

I can't believe it, this was June last year and this is still going on, we have had another letter today telling us that unless we object within 7 days, it will be 50/50 as the witness won't answer. We want to use our legal cover to take it to court, as i'm sure she wouldn't stand in court and lie, and as the witness approched us with their details surely they can be summoned somehow? It just feels like Norwich union isn't doing enough to help us, they just want the easy way out, and the people in the call centre don't understand what we are talking about, for example don't understand that we were moving forward out the way, how can they be dealing woth claims? I will never use Norwich union again after this, and don't know where to go next with this, the call centre operatives won't even put us through to someone higher up the scale to talk to. I am so tempted to call the witness and ask why they won't answer, I wonder if the other driving has threatened them or something as they took her address as well, but I know I can't call her as I will be seen as intimidating a witness. What can I do?!

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I suggest that you visit the witness politely and say that you need help.

You could sumons her to be a witness if you think that it is worth it. How much is at risk including your NCD

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My other halfs ncd is protected, but obviously any accident increases your premium. Can't visit them as they were on holiday also so live no where near us. I just wish people could be honest. So far its cost her nothing and us £120 excess plus almost £70 for the freelander for the week all for a tiny scrape on the bumper. I could have had the whole bumper respayed for less than £100 at a local bodyshop but instead had to use Norwich unions bodyshop who have sprayed a patch on the bumper, and badly. The only reason for a claim in the first place was because of us not being at fault, and the lady wanting to do it through insurance. If only we knew she was going to deny it all!

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The very reason why we will not deal with a company that has call centres outside the UK especially during the current recession. British jobs for BRITISH workers!

 

Sorry Surfer01, you're aiming at the wrong target. The recession was not caused by international workers, it was caused (mainly) by greedy irresponsible bankers/executives and government misrule. It's a global problem. We all need to stand together and resist the causes of the recession, wherever we are from.

 

I hope this claim will be sorted out soon. All I can say is, ask to be transferred to someone in the Customer Relations department (UK). Maybe they will be able to sort it out more quickly as they deal with complaints and escalations.

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Sorry Surfer01, you're aiming at the wrong target. The recession was not caused by international workers, it was caused (mainly) by greedy irresponsible bankers/executives and government misrule. It's a global problem. We all need to stand together and resist the causes of the recession, wherever we are from.

 

I hope this claim will be sorted out soon. All I can say is, ask to be transferred to someone in the Customer Relations department (UK). Maybe they will be able to sort it out more quickly as they deal with complaints and escalations.

At no time did I indicate that overseas workers caused the current recession. What I am saying is that with the high unemployment in this country, call centres should be established here for our people. Why should we living in Britain be paying the wages for a person based overseas with no connection whatsoever to thsi country?

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Please help someone! Only a few more days and they are forcing us to go for 50/50

 

Towards the back of the policy booklet, it says that if you have a complaint about a claim, please call 0800 222 400. Have you tried that? If not it could be worth a go.

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Hi, I work in the motor claims dept of another insurer.

 

I feel where you are coming from and a 50:50 is a last resort.

 

Basically what you have been told by your insurer is fair, unfortunately there are people out there who will lie about what happend to get off lightly. As your witness has decided to not respond then they have had a change of heart which does, although frustrating, happen.

 

Your legal cover is only really for recovering your excess and a UIL company will not issue on a case unless you have solid evidence.

 

A 50:50 is because it is their word against yours, no witness has come forward and it is meant to be seen as a means to settle amicably.

 

If you have Protected NCD you will not loose your bonus and would recover 50% of your excess back.

 

Lots of cases are settled on a split basis, some on a larger split than others.

 

If you choose to go the court route on you own back, then be warned a judge would see the same as an insurer and advise on a 50:50 if you do not have the required evidence.

 

I am sorry you are so upset but understand its not the outcome you wanted.

 

As claims negotiators we do all we can for our client's and it is frustrating for our selves when we do not settle on a No Fault basis! trust me, I pull my hair out sometimes!

 

I hope you feel vbetter soon

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