Car Accident - other party insured with same company

[Blade83]

Hi,

Another car drove into me and happens to be with the same insurance company as me. I feel the insurance company is trying to pressure me into accepting 50/50 liability when I am not at fault.

 

I was hoping someone can help this is what happened:

 

I was driving in a single lane system on a main road the car in front of me was turning right into another road and I was waiting behind the car. Another driver has undertaken on the left hand side still in the single lane system and because there wasn’t enough room hit the wing mirror which broke and there are some dents in the bodywork around the left hand front wheel.

The other driver first claimed that the accident happened further up the road where it is dual lane – and that I was turning left into her lane and hit her car.

 

Now she is claiming the accident occurred earlier in the road where it is bus lane (but usable as out of peak hours) and I was in the lane next to her and turned left into the bus lane and hit her car.

 

After the accident I took pictures of the other drivers car parked up on the pavement at the spot of the accident and me parked in front – this shows that we were in the single lane system.

 

I spoke to my claim handler and said she has overtaken me on the left hand side in a single lane system which is illegal – and clear cut case to me. They say whilst pictures shows the cars parked up before the bus lane where it would be legal for her to have overtaken me it was after the accident so may not be where the accident happened. At this point I was exasperated and said why would anyone in their right mind after an accident on a main road then both reverse our cars to where the single lane system is, it doesn’t make sense. The claim handler just said they would get back to me once they assessed the situation. I did press him a little further i.e. what if I don’t agree to 50/50 and he said that the insurance company reserve the right not to go to litigation and basically enforce me to accept 50/50.

 

What are peoples thought on the above? Is there some sort of independent appeal process or can I report the insurance company for being unfair?

Thanks,

[BankFodder]

The best independent appeals process is the County Court. See the small claims FAQ. It's the only way

[Blade83]

Sorry to be dim but do my insurance company do this on my behalf or do i have to take the other party to small claims court?

[Crapstone]

You have to do the claim.

[unclebulgaria67]

If you speak to the Insurers and advise them that you will use the counry courts if necessary, as you were not at fault, then they may decide to put the fault on the other driver. But it would help them if they had a picture of the road and layout, of where the accident took place, so they can see this from your point of view. When you are dealing with claims and speaking to policyholders on the phone it is difficult, because you don't really have a clear picture of the accident, so can only talk in general terms. It is easier for Insurers if it is 50/50, where they cannot see an obvious 100% fault accident i.e if the other driver hit your rear.

[C.G.]

Blade,

 

This is a scenario I am all too familiar with based on my experience in the motor claims industry, can you drop me a PM with a bit more info/any pictures/road loadout etc.

 

I have not only worked in the claim's environment but part of my job was to assess vehicle damage where there were liability disputes so I may be able to offer some advice on where to go.

 

C.G.

[crem]

C.G. It is not recommended within the forum that conversations are taken off the board to private messages. This is the case for 2 main reasons, 1 is that private advise might be inaccurate or misleading and by being in the public forum other members can comment if they disagree, and 2 the advise may be extremely good and helpful but is now only aimed at one person when many in the forum could benefit from it if it is shown in the thread.

[C.G.]

Crem, Totally fair and understandable.

 

Blade, May I ask whom the insurer's are if possible.

 

Are there any witnesses to the incident if so did anyone obtain the witness details, is there CCTV that covered the area?.

 

Could you post up the images of the damage on here and provide a street view link so I can have a look and see what can be done.

 

C.G.

[Blade83]

Crem, Totally fair and understandable.

 

Blade, May I ask whom the insurer's are if possible.

 

Are there any witnesses to the incident if so did anyone obtain the witness details, is there CCTV that covered the area?.

 

Could you post up the images of the damage on here and provide a street view link so I can have a look and see what can be done.

 

C.G.

 

 

Hi,

 

The insurance company is elephant and the other party are with Admiral but they are all part of the same group I am told.

 

The other thing that I wanted to check as this is the first accident I have ever been in. IF the insurance state it is 50/50 and if i havent got the time to go to county court do I have to pay excess if i choose to have my car fixed myself?

 

I have been told that the damage is less than 200 pounds.

 

I have sent a complaint today to the insurers as its been over two weeks now but my actual claim advisor has not rang me. Even though I was assurred twice that she would. I constantly have to speak to people who ask me to repeat what happened over and over - very annoying.

 

thanks for all your responses!

 

Nikki

[Blade83]

Hi,

 

The insurance company is elephant and the other party are with Admiral but they are all part of the same group I am told.

 

The other thing that I wanted to check as this is the first accident I have ever been in. IF the insurance state it is 50/50 and if i havent got the time to go to county court do I have to pay excess if i choose to have my car fixed myself?

 

I have been told that the damage is less than 200 pounds.

 

I have sent a complaint today to the insurers as its been over two weeks now but my actual claim advisor has not rang me. Even though I was assurred twice that she would. I constantly have to speak to people who ask me to repeat what happened over and over - very annoying.

 

thanks for all your responses!

 

Nikki

 

Hi,

 

Does anyone have any help on this please? I got called today by my insurance company and they said the other party is still not admitting liability. The frustating thing is that not all my supporting evidence has been put to the other party. The other thing I found concerning is that the advisor kept on saying well we might not be able to tell either way without a witness. I then said look I was in a single one way system (there wasnt enough room for her to pass hence teh accident) and she undertook me on left handside which is illegal as per the High Way code and he was saying well it depends how it is interpreted. I can help but feel because they represent both parties they want us to go 50/50 but why should I. I wasnt at fault!

 

Help Please?

 

Nikki.

[Ganymede]

Please can you provide us with a link to Google Street view of the accident location.

[Blade83]

Please can you provide us with a link to Google Street view of the accident location.

 

Hi,

 

Thanks for your offer of help. I am unable to post a link or DM you as i don't have enough posts!

 

I have received a call from my adviser the other party were previously going for 50/50 she told me now they are not admitting liability (as I was not willing to accept 50/50) stating the damaged area on my car proves I was trying to turn left hence I ran into her car. I explained why would I do this as I was heading straight I would have hit her parallel not like I am going to miss the car. I have also said she hit the wing mirror as could get through up to that point then juddered and hit a bit on the left hand front side wheel.

She basically undertook me on the left hand side, hit the wing mirror juddered and scraped left hand side and is now trying to blame me by saying I turned left into her. I am hoping all the discrepancies in her story will help my claim. I have told this is now with the ‘senior’ managers to decide based on the balance of probabilities. Any help would be appreciated.

 

Regards,

 

Nikki.

Edited July 23, 2013 by Blade83

[Feebee_71]

If she took your wing mirror off then the damage would go in one direction whereas, if you hit her, the wing mirror damage would be in the opposite direction. This might help you prove your point and dispute hers!!

 

Feebee_71

[Blade83]

If she took your wing mirror off then the damage would go in one direction whereas, if you hit her, the wing mirror damage would be in the opposite direction. This might help you prove your point and dispute hers!!

 

Feebee_71

 

 

Hi Feebee-71,

 

Is there a hard and fast rule around this? Please can you explain so I can raise with the insurance.

 

In terms of the wing mirror damage the glass and the thing that holds the mirror came off the actual wing mirror although dinted didn't come off her wing mirror I do not believe was damaged.

 

I have been advised by a friend that if the insurance decide it is 50/50 I only pay half the excess is that correct?? If I go and have the car fixed myself I have been told I pay no excess which seems strange but i lose my no claims bonus? Is this true can anyone advise?

[Feebee_71]

I doubt there is a hard and fast rule I was just going by experience of someone go past me on the near side (undertaking) and knocking my wing mirror it was pushed forwards towards the bonnet of the car whereas, when I've been moving forwards and knocked the wing mirror it's folded in towards the door of the car. If you had photos taken at the time of the accident that show the wing mirror folded one way or the other you could put that to the insurers and ask how the mirror could end up pushed towards the bonnet if you had been the person with the forward momentum.

 

On the matter of the 50/50 claim and only paying half the excess afraid not - if you accept the 50/50 liability you both lose the full excess and won't be able to claim it back; you'll also lose a proportion of your no claims bonus and you'll have it recorded as being a fault accident on your record which would affect future premiums whereas, if its decided that liability lies with the other party you'd be able to claim your excess back, would have it recorded as a no fault accident on your records and should find that your premiums are not affected by the same amount and could have your NCB reduced by less (if you have protected NCB it shouldn't change).

 

Regarding getting it repaired yourself - no, you wouldn't pay the excess if you pay for repairs yourself but you might well find your NCB is affected as that is governed by the recording of an accident against your driving record and it would also affect your future premiums as mentioned above. You can check this by ringing round and asking for a quote with a fault accident recorded against you, with an unsettled accident against you and with a settled no fault accident on your record. I had an unsettled claim when I changed insurance a few years ago and informed the new company, when the claim was settled as no fault in my favour I got a letter confirming this and sent I to the new insurers and reduced my premium in line with it.

 

Hope that helps. If you are sure you had no part in the causation of the accident then you should insist that the insurers do not treat it as a 50/50 case irrespective of whether they also insure the other party.

 

Feebee_71

Edited July 24, 2013 by Feebee_71