Insurance advice please
Discussion
Apologies for my poor English.
Summer 2021, I was driving in traffic at about 15mph when a car pulled out of a marked parking space on the left hand side of the road and drive straight into my car. It happened on the A4031 and the accident occured by the Walsall cemetery.
My son who was in the passenger seat immediately said "She did that on purpose"
As I was in the moving traffic I was advised by both the broker and the Insurance co that it could not possibly be my fault as the other party were joining the traffic.
The traffic was travelling at about 15mph. Both vehicles were travelling in the same direction.
Several claims have been received (the drivers brother arrived and told me they would be going to an accident claims co, and that I should too. He said that not doing so was stupid).
Their first version of events was that she was indicating to pull out of her parking spot, therefore I should have stopped and the accident is 100% my fault. The claim included their car value (2008 battered Peugeot 307) plus 16k of hire fees. I only had the "courtesy" car for 3 days. As soon as I read the T's and C's (basically saying i might need to cough up 400 per day) i sent it back. I was previouslly asked to provide bank statements to prove I could have afforded to hire a car myself which I duly did.
- Their second version was that their car was legally parked (with no passengers) and I just drove into it.
We have now received another claim for injuries from 2 of the passengers (who I believe will be considered innocent parties). This is based on the fact I was "failing to control my vehicle." It seems if you are passenger in a car accident (even if the crash speed is 5mph) you WILL get a payout, its just which insurance company pays.
The other car was collecting people to take to work, as their car was undrivable, the drivers mother turned up in her Jeep and collected the passengers to get them to work. However, within 200 meters she had a head on collison with a bus. She was completely in the wrong lane, the bus was in the correct lane. So which accident acused the injuries?
I have had to pay 2 years insurance with an unresolved therefore fault claim, plus I Iost a couple of years no claims.
the "solicitors" appointed by my insurer seem pretty crap. For instance, I have told them them that the other side has gone to far and now I want to issue a counter claim. Despite assuring me that they are representing me, they refused. So I asked for the details of the claim particulars so I can issue it directly. The "solicitor" then refused again, based on the other sides privacy.
I think people on here have received an unsolicted and unexpected cheque for a few hundred based on similar circumstances.
The solicitor has contacted me today to advise that they have to submit a defence by COB today. Then it turns out they have already had to ask for a 14 day extension.
I am quite happy to go to court (Although that can be like tossing a coin), and I do have a fair amount of court experience. i think we are way past the point where a Judge might go absolutely beserk at the other side. The sheer greed, looking to benefit from a bad situation that you caused, using the courts to threaten people, the constantly changing stories, grotesque fees, etc.
Any tips on how I should proceed?
Summer 2021, I was driving in traffic at about 15mph when a car pulled out of a marked parking space on the left hand side of the road and drive straight into my car. It happened on the A4031 and the accident occured by the Walsall cemetery.
My son who was in the passenger seat immediately said "She did that on purpose"
As I was in the moving traffic I was advised by both the broker and the Insurance co that it could not possibly be my fault as the other party were joining the traffic.
The traffic was travelling at about 15mph. Both vehicles were travelling in the same direction.
Several claims have been received (the drivers brother arrived and told me they would be going to an accident claims co, and that I should too. He said that not doing so was stupid).
Their first version of events was that she was indicating to pull out of her parking spot, therefore I should have stopped and the accident is 100% my fault. The claim included their car value (2008 battered Peugeot 307) plus 16k of hire fees. I only had the "courtesy" car for 3 days. As soon as I read the T's and C's (basically saying i might need to cough up 400 per day) i sent it back. I was previouslly asked to provide bank statements to prove I could have afforded to hire a car myself which I duly did.
- Their second version was that their car was legally parked (with no passengers) and I just drove into it.
We have now received another claim for injuries from 2 of the passengers (who I believe will be considered innocent parties). This is based on the fact I was "failing to control my vehicle." It seems if you are passenger in a car accident (even if the crash speed is 5mph) you WILL get a payout, its just which insurance company pays.
The other car was collecting people to take to work, as their car was undrivable, the drivers mother turned up in her Jeep and collected the passengers to get them to work. However, within 200 meters she had a head on collison with a bus. She was completely in the wrong lane, the bus was in the correct lane. So which accident acused the injuries?
I have had to pay 2 years insurance with an unresolved therefore fault claim, plus I Iost a couple of years no claims.
the "solicitors" appointed by my insurer seem pretty crap. For instance, I have told them them that the other side has gone to far and now I want to issue a counter claim. Despite assuring me that they are representing me, they refused. So I asked for the details of the claim particulars so I can issue it directly. The "solicitor" then refused again, based on the other sides privacy.
I think people on here have received an unsolicted and unexpected cheque for a few hundred based on similar circumstances.
The solicitor has contacted me today to advise that they have to submit a defence by COB today. Then it turns out they have already had to ask for a 14 day extension.
I am quite happy to go to court (Although that can be like tossing a coin), and I do have a fair amount of court experience. i think we are way past the point where a Judge might go absolutely beserk at the other side. The sheer greed, looking to benefit from a bad situation that you caused, using the courts to threaten people, the constantly changing stories, grotesque fees, etc.
Any tips on how I should proceed?
They pulled out of a parking space on the left hand side of the road and drove into the passenger side of my car. The initial impact was at the back of the headlight, then there was damage down the passenger side of my car. it had a new front wing and paint down one side. The repair costs were 3200.
Their car was front drivers side corner, mine was passenger side. Both cars had the front wheel knocked off.
Their car was front drivers side corner, mine was passenger side. Both cars had the front wheel knocked off.
Get on to your insurers, demand to speak to a senior person in the claims team, and express your concern about how their appointed solicitor is handling the claim. What's the situation re the damage to your car. Did you claim that from your insurers, and if so, ask how are they doing in trying to recover their outlay?
- 2 even!Thanks for the replies.
Bert: Technically it is a an issue for my insurers and the solicitors they appointed but.........its my name on the claims. If they don't defend the claims correctly or don't reply within the required times and the court award against me, I will have to pay in full within a certain amount of time, or get a CCJ. Considering the other side have already incurred 16k of hire costs, the total must be multiples of that. Also, considering the circumstances of the accident, I think the other side must be relying on incompetence by my side to have any chance of winning, yet they seem to think thats a good bet.
Twig : I did claim, the damage was repaired yet my insurers had to sue the other parties insurers to recover the costs. However, the day before court, the other insurance party paid in full . I got my excess back about 12 months ago. I have spoken to a senior person today but they didn't share my concerns about the solicitor or provide any alternative.
Roy, I think she just pulled out without looking.
Bert: Technically it is a an issue for my insurers and the solicitors they appointed but.........its my name on the claims. If they don't defend the claims correctly or don't reply within the required times and the court award against me, I will have to pay in full within a certain amount of time, or get a CCJ. Considering the other side have already incurred 16k of hire costs, the total must be multiples of that. Also, considering the circumstances of the accident, I think the other side must be relying on incompetence by my side to have any chance of winning, yet they seem to think thats a good bet.
Twig : I did claim, the damage was repaired yet my insurers had to sue the other parties insurers to recover the costs. However, the day before court, the other insurance party paid in full . I got my excess back about 12 months ago. I have spoken to a senior person today but they didn't share my concerns about the solicitor or provide any alternative.
Roy, I think she just pulled out without looking.
ESSEM123 said:
Twig : I did claim, the damage was repaired yet my insurers had to sue the other parties insurers to recover the costs. However, the day before court, the other insurance party paid in full . I got my excess back about 12 months ago. I have spoken to a senior person today but they didn't share my concerns about the solicitor or provide any alternative.
In which case, it's all over. The other party's insurer have admitted liability on behalf of their client. Get on to your insurer, ask why the claim hasn't been closed off as they've recovered their outlay and you've recovered your excess, demand the reinstatement of your bonus and a return of any extra premiums paid. You need to speak to someone senior. Why are the tp even coming after you?Don't they know that their insurers, using their rights of subrogation, have already accepted liability. Or in other words, that's the same as them accepting liability. Passengers in the tp car need to be claiming of the tp driver, or their insurer, not you. You need to speak to someone senior at your insurer to find out what's going on. Not some minimum wage button monkey (which is about 90% of the customer facing staff). BertBert said:
Presumably, the OPs insurers/lawyers are viewing the injury claims as nonsense that have no merit and would never sway a court. And as such can be largely ignored.
Even if the injury claims are genuine, it's got sweet FA to do with the OP. He wasn't negligent, the tp driver was to blame and the injury claims are for him or his insurers to deal with. So two cars travelling at 15mph, in the same direction, have a coming together and both cars have their front wheels knocked off.
Nearly four years later the 3rd parties insurer's, having already admitted it was their drivers fault and paid out in full, are now claiming for a hire car that cost about 10 times the value of the car and injury to two passengers that didn't exist.
Yeah, right..... Nothing here makes any sense - or is it just me?
Nearly four years later the 3rd parties insurer's, having already admitted it was their drivers fault and paid out in full, are now claiming for a hire car that cost about 10 times the value of the car and injury to two passengers that didn't exist.
Yeah, right..... Nothing here makes any sense - or is it just me?
Yellow Lizud said:
So two cars travelling at 15mph, in the same direction, have a coming together and both cars have their front wheels knocked off.
Nearly four years later the 3rd parties insurer's, having already admitted it was their drivers fault and paid out in full, are now claiming for a hire car that cost about 10 times the value of the car and injury to two passengers that didn't exist.
Yeah, right..... Nothing here makes any sense - or is it just me?
Not quite........One of the cars was only travelling at <5mph (hers), their car was worth way less than 1600, it's the 3rd parties "solicitors" that are claiming, not their insurers, and the passengers do exist, its just the other party claimed the car was empty after their first story didn't quite get the job done.Nearly four years later the 3rd parties insurer's, having already admitted it was their drivers fault and paid out in full, are now claiming for a hire car that cost about 10 times the value of the car and injury to two passengers that didn't exist.
Yeah, right..... Nothing here makes any sense - or is it just me?
However, I do agree that all aspects of this are utterly ludicrous.
ESSEM123 said:
Yellow Lizud said:
So two cars travelling at 15mph, in the same direction, have a coming together and both cars have their front wheels knocked off.
Nearly four years later the 3rd parties insurer's, having already admitted it was their drivers fault and paid out in full, are now claiming for a hire car that cost about 10 times the value of the car and injury to two passengers that didn't exist.
Yeah, right..... Nothing here makes any sense - or is it just me?
Not quite........One of the cars was only travelling at <5mph (hers), their car was worth way less than 1600, it's the 3rd parties "solicitors" that are claiming, not their insurers, and the passengers do exist, its just the other party claimed the car was empty after their first story didn't quite get the job done.Nearly four years later the 3rd parties insurer's, having already admitted it was their drivers fault and paid out in full, are now claiming for a hire car that cost about 10 times the value of the car and injury to two passengers that didn't exist.
Yeah, right..... Nothing here makes any sense - or is it just me?
However, I do agree that all aspects of this are utterly ludicrous.
So their own insurance co has admitted liability and paid out, there is no police involvement re bad driving, and they've changed their story about how many passengers they had! And they think they're going to have a successful claim!!!!!
Personally, I'd tell them to p
s off and ignore any further correspondence (unless it comes from the court (which it won't)), sit back and revel in the knowledge that it's their solicitor that's costing them money. (Assuming there is actually a solicitor involved somewhere.)Yellow Lizud said:
Personally, I'd tell them to ps off and ignore any further correspondence (unless it comes from the court (which it won't)), sit back and revel in the knowledge that it's their solicitor that's costing them money. (Assuming there is actually a solicitor involved somewhere.)
This is dreadful advice. OP must pass all correspondence on to his insurers, not ignore it. s off and ignore any further correspondence (unless it comes from the court (which it won't)), sit back and revel in the knowledge that it's their solicitor that's costing them money. (Assuming there is actually a solicitor involved somewhere.)TwigtheWonderkid said:
Yellow Lizud said:
Personally, I'd tell them to ps off and ignore any further correspondence (unless it comes from the court (which it won't)), sit back and revel in the knowledge that it's their solicitor that's costing them money. (Assuming there is actually a solicitor involved somewhere.)
This is dreadful advice. OP must pass all correspondence on to his insurers, not ignore it. s off and ignore any further correspondence (unless it comes from the court (which it won't)), sit back and revel in the knowledge that it's their solicitor that's costing them money. (Assuming there is actually a solicitor involved somewhere.)I came to that decision because someone called Twig on a motoring forum said :-
"Even if the injury claims are genuine, it's got sweet FA to do with the OP. He wasn't negligent, the tp driver was to blame and the injury claims are for him or his insurers to deal with."
If it's got sweet FA to do with me then I would ignore it.
To be fair, it's not just Twig that does this. There are several members who refer to minimum wage drones, call centre monkeys, etc. Tyre fitters are a particular target, being referred to as monkeys by many.
The only reason I bit this time was the button thing.
Apologies to the OP for the thread diversion. From what I've seen, Twig's advice is generally sound, albeit sometimes unfortunately expressed.
The only reason I bit this time was the button thing.
Apologies to the OP for the thread diversion. From what I've seen, Twig's advice is generally sound, albeit sometimes unfortunately expressed.
s2sol said:
To be fair, it's not just Twig that does this. There are several members who refer to minimum wage drones, call centre monkeys, etc. Tyre fitters are a particular target, being referred to as monkeys by many.
The only reason I bit this time was the button thing.
Apologies to the OP for the thread diversion. From what I've seen, Twig's advice is generally sound, albeit sometimes unfortunately expressed.
Exactly, my daughter worked her way through uni by working in a bank call centre.The only reason I bit this time was the button thing.
Apologies to the OP for the thread diversion. From what I've seen, Twig's advice is generally sound, albeit sometimes unfortunately expressed.
And I dread to think what you’d call my son in law who before he got his apprenticeship at the local power station used to catch 2 buses on a 30 mile journey (each way) to work in McDonalds because there was nothing else.
Most people would love to be able to help, but they are under strict T&Cs of employment where anything other than they are *specifically* employed to do, they have to say no and pass you in to a higher up who *is* trained to do so. If they make a decision, or proffer advice that they are not explicitly permitted to do in the scope of their role, they will get in deep doo doo.
It doesn’t mean they are thick, a monkey or a button presser.
There are very few ‘employed’ jobs which allow complete autonomy and decision making.
It doesn’t mean they are thick, a monkey or a button presser.
There are very few ‘employed’ jobs which allow complete autonomy and decision making.
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