No Fault Accident Help
Discussion
Not help for me but for my father so help from any legal eagles of PH will be appreciated.
Long story short he was driving over a green light coming onto a main road when a lady came hurtling through and hit his front wing and bumper. Lady claims her brakes failed but it was clear she had come over a red light. A driver and independent witness behind stopped and confirmed he had stopped at the red light and the lady in the other lane had gone straight through.
Anyway he phoned his insurance company and gave both the ladies details and the independent witness details . This was obviously a no fault accident but on the phone the insurance company has told my father he could be liable for the excess and also he could lose his no claims bonus. As I understand it they are basically attempting to pass this off as a 50/50 as they claim that if her brakes failed she might not be expected to accept liability.
Now this to anyone looks like a no fault accident, but I argue that brake failure is rare and secondly if her brakes did indeed fail that is not the fault of my father. She should be responsible for maintaining of her vehicle.
My father maintains his car and has been driving over 40 years. He's not injured but is a bit shocked as anyone getting whacked at 40-50mph would be.
Long story short he was driving over a green light coming onto a main road when a lady came hurtling through and hit his front wing and bumper. Lady claims her brakes failed but it was clear she had come over a red light. A driver and independent witness behind stopped and confirmed he had stopped at the red light and the lady in the other lane had gone straight through.
Anyway he phoned his insurance company and gave both the ladies details and the independent witness details . This was obviously a no fault accident but on the phone the insurance company has told my father he could be liable for the excess and also he could lose his no claims bonus. As I understand it they are basically attempting to pass this off as a 50/50 as they claim that if her brakes failed she might not be expected to accept liability.
Now this to anyone looks like a no fault accident, but I argue that brake failure is rare and secondly if her brakes did indeed fail that is not the fault of my father. She should be responsible for maintaining of her vehicle.
My father maintains his car and has been driving over 40 years. He's not injured but is a bit shocked as anyone getting whacked at 40-50mph would be.
Edited by tbc on Thursday 12th June 14:05
Edited by tbc on Thursday 12th June 14:06
AngryPartsBloke said:
Has she applied the brakes and failed, the bracklights would still come on. What has the witness siad about that?
The witness said that the car did not even attempt to brake and just ploughed on through the red light.My father is basically going to be left out of pocket through no fault of his own.
I can't see why an insurance company would attempt to put it as 50/50 when all my father was doing was pulling out of a side road when the light was green.
Indeed the lady called her husband/boyfriend who arrived shortly after and first words he uttered were something along the lines of ' where you on your phone again?'
Basically all my father wants is his car repaired to the same mint condition as previous.
Is it worth consulting a solicitor to recover any out of pocket costs?
Edited by tbc on Thursday 12th June 15:39
SydneyBridge said:
Check they are both not insured through the same company and have sorted it internally
No, the insurance and broker companies are both different.Seems we have a bit of a development.
So now we have moved from her claiming ' the brakes failed' to saying she didn't see a red light
So i think it's moved from her brakes having failed to a traffic light failure.
My father although pretty pissed off his pride and joy is damaged is actually saying it is as well she hit his car. As the lights are at a pedestrian crossing and given the speed limit on the road is 50mph a pedestrian wouldn't have stood a chance.
He took his car to a "specialist in executive saloons" who came out with his clipboard and took a few photographs 10 days ago.
Phoned up today and they are still getting back to him with an outcome or even a date to get it fixed.
I'm not an expert on insurance timescales but i'm pretty sure two weeks without even a courtesy car offered is bordering on the ridiculous
Phoned up today and they are still getting back to him with an outcome or even a date to get it fixed.
I'm not an expert on insurance timescales but i'm pretty sure two weeks without even a courtesy car offered is bordering on the ridiculous
pork911 said:
What's going on regarding liability?
Is his car driveable?
Does he have a courtesy car entitlement under his policy? For how long?
His car is still drivable, it just needs a new wing, i've checked it over and the steering, suspension is as it should be.Is his car driveable?
Does he have a courtesy car entitlement under his policy? For how long?
His policy says he should get a courtesy car, but since the car is drivable they seem to think he should do without for the time being.
Liability has been admitted but it seems two cock ups between insurance companies and assessor.
They took down his number wrong and then the assessor sent the report to the wrong insurance company who didn't have the common sense to pass it on to the correct company.
Scaf said:
This is why I have dash cam.
Recent incident with me, other drivers fault but he refused to accept it......... dash vamp footage set the matter straight, best £60 I have ever spent....... have them in all our cars now....
Dash cam probably wouldn't have help because she hit hit side on and secondly the traffic lights are on a high gantry because the route is used mainly by artics Recent incident with me, other drivers fault but he refused to accept it......... dash vamp footage set the matter straight, best £60 I have ever spent....... have them in all our cars now....
TonyTony said:
I recently had a none fault accident and after reading this just did another quote on a car I had previously got a quote on with moneysupermarket.com.
I used the same details and added the Non fault accident with no loss of no claims and it only went up by £3.
Well that's what he's hoping will happen, obviously they'll claim inflation or something and stick it up a bit.I used the same details and added the Non fault accident with no loss of no claims and it only went up by £3.
However this insurance company (a big name beginning with E and ending in what santa rides on )their handling of it leaves a lot to be desired
Three weeks since the accident and two weeks since it was inspected and still nothing has been done despite him calling every few days.
They did give him the number of a solicitor when he reported which was obviously for ambulance chasing reasons.
Wonder if phoning the solicitor would give things a kick up the arse
CYMR0 said:
tbc said:
this insurance company
His or hers?Whichever one it is, he should get in touch with the other and ask them to progress things.
By fathers car is a modern saloon and the wing is about 6in thick when you look under the bonnet.
Seems her car was a little puddle jumper and looked like a total write off.
Bit of an update
Well it's just under 6 weeks since the no fault accident and to say the company (back of santa sleigh) have been shocking is a complete understatement
They got a second 'independent' guy to inspect the damage to the wing and he wrote the car off saying it was worth X amount and it would probably cost X amount is parts ( or part as the case may be), labour and paint.
They have also offered my father half the amount of what similar cars in mint condition with a lot more mileage and less spec are going for.
So we have sent off multiple examples of same engine, spec, mileage to them in hope they stump up a proper amount of the cars worth.
We also subsequently found out that from the day the accident was reported it took the company (back of santas sleigh ) TWO WEEKS to bother contacting anyone to access the car.
The whole experience has left him pretty pissed off. Considering the other parties insurance is disputing everything even when it's clear as day who was at fault.
This means that my father would have little hope of getting any excess back if he paid it.
They have classed the car as CAT A ,when my father has been driving around in in with a dent in the wing for over 5 weeks with no mechanical issues whatsoever.
Then before they even bothered to give my father an offer for his car they ask for the MOT, TAX, V5 to be sent away so they could claim ownership of the car.
Now my father has been to a few people who said it would cost £500 for a new wing and the bumper fixed.
I would say that anyone wishing to deal with this company stays well away and pays another few quid to go with a relatively decent company.
Avoid like the plague.
Well it's just under 6 weeks since the no fault accident and to say the company (back of santa sleigh) have been shocking is a complete understatement
They got a second 'independent' guy to inspect the damage to the wing and he wrote the car off saying it was worth X amount and it would probably cost X amount is parts ( or part as the case may be), labour and paint.
They have also offered my father half the amount of what similar cars in mint condition with a lot more mileage and less spec are going for.
So we have sent off multiple examples of same engine, spec, mileage to them in hope they stump up a proper amount of the cars worth.
We also subsequently found out that from the day the accident was reported it took the company (back of santas sleigh ) TWO WEEKS to bother contacting anyone to access the car.
The whole experience has left him pretty pissed off. Considering the other parties insurance is disputing everything even when it's clear as day who was at fault.
This means that my father would have little hope of getting any excess back if he paid it.
They have classed the car as CAT A ,when my father has been driving around in in with a dent in the wing for over 5 weeks with no mechanical issues whatsoever.
Then before they even bothered to give my father an offer for his car they ask for the MOT, TAX, V5 to be sent away so they could claim ownership of the car.
Now my father has been to a few people who said it would cost £500 for a new wing and the bumper fixed.
I would say that anyone wishing to deal with this company stays well away and pays another few quid to go with a relatively decent company.
Avoid like the plague.
Edited by tbc on Monday 21st July 16:25
UPDATE
So another update on this ridiculous situation.
EIGHT WEEKS on from the start of this almighty balls up.
The insurers have stumped up a more reasonable amount than the pitiful amount they initially offered and guaranteed the excess would be recouped.
Then fast forward to today and they have phoned to say the other party (who came over red lights smashing into my fathers car at 50mph on a 30mph road, and who we suspect was on her mobile) have not admitted liability.
They have said they want to put this through as a 50/50. This would mean my father admitting he was partly to blame when all he was doing was driving over a green light.
They have also said we do not have an independent witness when previously they said they had been in contact with the witness who said the other party was at fault and gave a full statement.
Obviously my father is furious because he is not at fault and them attempting to put it through as such is meaning he is admitting guilt when he is the totally innocent party.
Admitting guilt would not only be against principles but would mean he would get little or none excess back and lose his no claims and therefore his insurance would go up next renewal.
Futhermore the underwriters have stated that should he refuse a 50/50 and take this matter to court they will not provide any legal cover (even though it was part of his insurance cover). They also state that in their opinion the judge would not find in my fathers favour.
They are basically saying that my father accepts guilt and a 50/50 or else he's on his own.
They have stated that they will settle with the GUILTY third party on a 'Without Prejudice Basis' to protect their interest.
So to sum things up.
My father was going over a green light minding his own business. The lady that hit him was speeding, possibly on her mobile and not driving with due care and attention. Yet at the end of the day she has got a payout for her car, a fraudulent whiplash injury claim and gets off scot free on a 50/50.
Meanwhile my father who was minding his own business was shunted at 50mph had his car written off due to a slightly dented wing ( he's been driving the car since the accident with no issue), he will end up out of pocket, with a bottom book amount for his car, higher insurance, a 50/50 AT FAULT claim on his record.
My father is determined to fight this to court if need be.
The independent witness has basically been ignored and discounted by the insurers and underwriters having said the other party was at fault.
They have also stated that they will close the case within 7 days if my father does not accept. We have had advice that this is illegal and that they cannot force him to accept liability and a 50/50.
We are very suspicious and believe the other parties insurer has been in contact with the witness and bought them off.
So another update on this ridiculous situation.
EIGHT WEEKS on from the start of this almighty balls up.
The insurers have stumped up a more reasonable amount than the pitiful amount they initially offered and guaranteed the excess would be recouped.
Then fast forward to today and they have phoned to say the other party (who came over red lights smashing into my fathers car at 50mph on a 30mph road, and who we suspect was on her mobile) have not admitted liability.
They have said they want to put this through as a 50/50. This would mean my father admitting he was partly to blame when all he was doing was driving over a green light.
They have also said we do not have an independent witness when previously they said they had been in contact with the witness who said the other party was at fault and gave a full statement.
Obviously my father is furious because he is not at fault and them attempting to put it through as such is meaning he is admitting guilt when he is the totally innocent party.
Admitting guilt would not only be against principles but would mean he would get little or none excess back and lose his no claims and therefore his insurance would go up next renewal.
Futhermore the underwriters have stated that should he refuse a 50/50 and take this matter to court they will not provide any legal cover (even though it was part of his insurance cover). They also state that in their opinion the judge would not find in my fathers favour.
They are basically saying that my father accepts guilt and a 50/50 or else he's on his own.
They have stated that they will settle with the GUILTY third party on a 'Without Prejudice Basis' to protect their interest.
So to sum things up.
My father was going over a green light minding his own business. The lady that hit him was speeding, possibly on her mobile and not driving with due care and attention. Yet at the end of the day she has got a payout for her car, a fraudulent whiplash injury claim and gets off scot free on a 50/50.
Meanwhile my father who was minding his own business was shunted at 50mph had his car written off due to a slightly dented wing ( he's been driving the car since the accident with no issue), he will end up out of pocket, with a bottom book amount for his car, higher insurance, a 50/50 AT FAULT claim on his record.
My father is determined to fight this to court if need be.
The independent witness has basically been ignored and discounted by the insurers and underwriters having said the other party was at fault.
They have also stated that they will close the case within 7 days if my father does not accept. We have had advice that this is illegal and that they cannot force him to accept liability and a 50/50.
We are very suspicious and believe the other parties insurer has been in contact with the witness and bought them off.
Edited by tbc on Friday 8th August 16:57
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