Need a little advice on an accident claim...
Discussion
Basically, if anyone remembers my threads etc, I got hit in the rear by a lorry driver on a roundabout on November 13th (Friday 13th lol...) and he basically caught my car in the rear and then the metal bit of the trailed dragged round to the side.
I had 2 witness statements, all in my favour... yay - great. Nope, basically here's how it went down:
Both witnesses didn't offer statements then and there, someone on behalf of me posted a picture of my car on the local community facebook group (has 20,000+ members). Two people said they saw it and gave statements in my favour, both willing to go to court on behalf of me. All going well, 6 months later no settlement. Other insurance still denying liability, also saying they're reviewing etc. I push Admiral who are settling with me based on evidence and witness statements. The damage WAS rear end and then pulled my wheel out, investigators agreed with my statement of events etc.
NOW, my insurance said Chaucer have 7 days to admit liability or they're issuing court proceedings... finally I thought something was going to be done. Now Chaucer have came back and said that:
a) I should have given more room to the lorry and been aware of it...
Okay, fair play... you do give room to lorries. But HE tried overtaking ME on a roundabout and was still in my lane when he clipped my side of the car. If he didn't have the room, don't overtake. Both witnesses say he cut multiple people up on the roundabouts before etc.
b) They're saying I know my witnesses etc, and they didn't stop to help at the time so it's increasingly dodgy...
Both witnesses said they COULDN'T stop out of traffic and one was on his way to pick his wife up from the station and would've been late to get her, so he saw the rear end damage and thought he needn't help. They're also saying one witness said on the phone to them that we know each other outside of this all...
I called said witness straight after asking why he'd lie about it, he said Chaucer have never contacted him once this year. He said he sent in a statement when they asked, and they didn't respond (nor did they put this in the file or send it to my insurance - dodgy?).
So now it seems they're refusing liability and holding me at fault... I'm not willing to admit liability as I was stationary and he hit me trying to overtake me because he didn't want to wait 5 minutes.
What can I do about this, or say to my insurance to make them stay on my side? I've argued if he's overtaking me, he needs to give me more attention and he needs to watch where he's going - if it doesn't fit, don't try...
URL TO PREVIOUS THREAD WITH PHOTOS OF DAMAGE ETC: http://www.pistonheads.com/gassing/topic.asp?h=0&a...
I had 2 witness statements, all in my favour... yay - great. Nope, basically here's how it went down:
Both witnesses didn't offer statements then and there, someone on behalf of me posted a picture of my car on the local community facebook group (has 20,000+ members). Two people said they saw it and gave statements in my favour, both willing to go to court on behalf of me. All going well, 6 months later no settlement. Other insurance still denying liability, also saying they're reviewing etc. I push Admiral who are settling with me based on evidence and witness statements. The damage WAS rear end and then pulled my wheel out, investigators agreed with my statement of events etc.
NOW, my insurance said Chaucer have 7 days to admit liability or they're issuing court proceedings... finally I thought something was going to be done. Now Chaucer have came back and said that:
a) I should have given more room to the lorry and been aware of it...
Okay, fair play... you do give room to lorries. But HE tried overtaking ME on a roundabout and was still in my lane when he clipped my side of the car. If he didn't have the room, don't overtake. Both witnesses say he cut multiple people up on the roundabouts before etc.
b) They're saying I know my witnesses etc, and they didn't stop to help at the time so it's increasingly dodgy...
Both witnesses said they COULDN'T stop out of traffic and one was on his way to pick his wife up from the station and would've been late to get her, so he saw the rear end damage and thought he needn't help. They're also saying one witness said on the phone to them that we know each other outside of this all...
I called said witness straight after asking why he'd lie about it, he said Chaucer have never contacted him once this year. He said he sent in a statement when they asked, and they didn't respond (nor did they put this in the file or send it to my insurance - dodgy?).
So now it seems they're refusing liability and holding me at fault... I'm not willing to admit liability as I was stationary and he hit me trying to overtake me because he didn't want to wait 5 minutes.
What can I do about this, or say to my insurance to make them stay on my side? I've argued if he's overtaking me, he needs to give me more attention and he needs to watch where he's going - if it doesn't fit, don't try...
URL TO PREVIOUS THREAD WITH PHOTOS OF DAMAGE ETC: http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Edited by VISE on Tuesday 12th April 13:59
Seems straightforward.
Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
TooMany2cvs said:
Seems straightforward.
Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
Just called my insurance, I pretty much told them straight that they're not taking 50/50 or admitting liability and I want them to fight my case. My case handler said she's definitely looking to fight it, and she's always been on my side since November. She said based on everything they have, she can't see them winning but doesn't want to give me false hope but they're feeling very confident about it going in my favour.Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
Glad to know they're still on my side, looks like it'll go to court... but still worried about how that will go to be honest...
VISE said:
I called said witness straight after asking why he'd lie about it, he said Chaucer have never contacted him once this year. He said he sent in a statement when they asked, and they didn't respond (nor did they put this in the file or send it to my insurance - dodgy?).
Hmmm! Has the same witness given a statement to your insurer?Sounds like it should all get sorted out in your favour eventually.
petrolbloke said:
Hmmm! Has the same witness given a statement to your insurer?
Sounds like it should all get sorted out in your favour eventually.
Edit: misread that.Sounds like it should all get sorted out in your favour eventually.
Yep, he's given the statement to my insurance also. In both statements he held the third party liable.
Regarding the facebook friends thing, just had a little bit of luck! I don't use facebook personally, so my mum shared the post appealing for witnesses to come forward on a community page with 13,000+ members.
They said my mum knew the person as friends on facebook, told her and she sent me a screenshot of the post on facebook on 13th November in the community page, it had 130 shares. This just proves he could've seen the post through a share, which is great news for me. Also posted pictures of the amount of members, showing the reach.
My case handler said that should help debunk the claim of them being friends, so very happy with that!
Edited by VISE on Tuesday 12th April 14:53
TooMany2cvs said:
Seems straightforward.
Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
This 100%.Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
Keep holding on.
I will be absolutely gobsmacked if you lose this in court.
A couple of years ago I'd just got a 'new' Focus and had it a week when white van man decided to smash into me. After months of doing nothing the case went to magistrates court and the judge said he couldn't believe why this couldn't have been settled between the two insurers.
Even when you get a court date, don't be shocked if the other parties insurers don't get in touch with yours a day before the date to settle.
Keep the faith!
A couple of years ago I'd just got a 'new' Focus and had it a week when white van man decided to smash into me. After months of doing nothing the case went to magistrates court and the judge said he couldn't believe why this couldn't have been settled between the two insurers.
Even when you get a court date, don't be shocked if the other parties insurers don't get in touch with yours a day before the date to settle.
Keep the faith!
Ali Chappussy said:
I will be absolutely gobsmacked if you lose this in court.
A couple of years ago I'd just got a 'new' Focus and had it a week when white van man decided to smash into me. After months of doing nothing the case went to magistrates court and the judge said he couldn't believe why this couldn't have been settled between the two insurers.
Even when you get a court date, don't be shocked if the other parties insurers don't get in touch with yours a day before the date to settle.
Keep the faith!
Appreciate the optimism every body, keeps me in good faith!A couple of years ago I'd just got a 'new' Focus and had it a week when white van man decided to smash into me. After months of doing nothing the case went to magistrates court and the judge said he couldn't believe why this couldn't have been settled between the two insurers.
Even when you get a court date, don't be shocked if the other parties insurers don't get in touch with yours a day before the date to settle.
Keep the faith!
Also, how long did it take you to get your court date? Just to know a guideline of what I've got left.
TooMany2cvs said:
Seems straightforward.
Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
I'm going to +1 this too.Your insurer believe you.
The other insurer are stringing along in the hope of you/your insurer buckling.
Your insurer are willing to take it to court.
If it goes to court, and the other insurer don't just fold, then the evidence in your favour is overwhelming, and it will be found in your favour.
Hold your ground. It'll get there.
Been in a similar situation twice. Didn't actually have to attend court myself on either occasion. Although it might sound worrying the prospect of court etc., the truth will out and if the situation is as you say, it will be settled quite quickly I would imagine.
Fortunately in both cases for me it was a large insurance outfit going against a small company.
DuncB7 said:
I'm going to +1 this too.
Been in a similar situation twice. Didn't actually have to attend court myself on either occasion. Although it might sound worrying the prospect of court etc., the truth will out and if the situation is as you say, it will be settled quite quickly I would imagine.
Fortunately in both cases for me it was a large insurance outfit going against a small company.
I don't mind going to court if need be, my story is 100% true and as you can see from the photos, he's clipped me - no way I'd do the damage unless I reversed in to him.Been in a similar situation twice. Didn't actually have to attend court myself on either occasion. Although it might sound worrying the prospect of court etc., the truth will out and if the situation is as you say, it will be settled quite quickly I would imagine.
Fortunately in both cases for me it was a large insurance outfit going against a small company.
Insurance case handled sent the case to her manager to see if he wanted to take it to court also, he said he feels they have a strong case and have now sent it over to a solicitor. If the solicitor thinks it's a winnable case, then looks like they'll issue court proceedings. Will keep everyone updated as of when etc, hopefully we'll get somewhere.
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