Insurance Mess
Discussion
I'll apologise in advance if i'm digging up a rubbish subject or if i have posted this in the wrong area, it appears to be the best place to put it.
I need some advice regarding an insurance claim from last June that is still going through.
Scenario is:
I was waiting at a junction to pull out. It was clear left. I looked right and a VW Polo flashed me to signal me out.
I emerged from the junction, checked left again, looked back to my right in time to see a Smart fortwo overtaking the Polo at speed (ironic i know, but we were in a 30). This was near a junction, on a blind bend (the smart car was also Left hand drive) and he was overtaking.
Naturally the Smartcar then skids when he sees me but smashes straight into the side of me, causing £2700 damage to my car. We stopped and exchanged details, but i didnt contact the police.
My witness (the Polo driver) disappeared off the face of the earth shortly aferwards and I cannot contact her.
The driver of the Smart Car is refusing all liability, denying he was overtaking and the fact that he skidded. This is now potentially going to court.
My insurance company has said that if it goes against me in a civil court, it's got the potential that i would be liable for all damages/costs awarded if it went against me, also denting my credit rating to boot.
Any advice would be appreciated on where to take it from here, I know I was emerging from a side road, so we have already tried offering 50/50 fault, but the Smart Car driver is an ar$e and I don't really want to back down unless I absolutely have to.
I need some advice regarding an insurance claim from last June that is still going through.
Scenario is:
I was waiting at a junction to pull out. It was clear left. I looked right and a VW Polo flashed me to signal me out.
I emerged from the junction, checked left again, looked back to my right in time to see a Smart fortwo overtaking the Polo at speed (ironic i know, but we were in a 30). This was near a junction, on a blind bend (the smart car was also Left hand drive) and he was overtaking.
Naturally the Smartcar then skids when he sees me but smashes straight into the side of me, causing £2700 damage to my car. We stopped and exchanged details, but i didnt contact the police.
My witness (the Polo driver) disappeared off the face of the earth shortly aferwards and I cannot contact her.
The driver of the Smart Car is refusing all liability, denying he was overtaking and the fact that he skidded. This is now potentially going to court.
My insurance company has said that if it goes against me in a civil court, it's got the potential that i would be liable for all damages/costs awarded if it went against me, also denting my credit rating to boot.
Any advice would be appreciated on where to take it from here, I know I was emerging from a side road, so we have already tried offering 50/50 fault, but the Smart Car driver is an ar$e and I don't really want to back down unless I absolutely have to.
How do you know the Polo was flashing to let you out ?
http://www.direct.gov.uk/en/TravelAndTransport/Hig...
"110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users."
http://www.direct.gov.uk/en/TravelAndTransport/Hig...
"110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users."
Edited by marshalla on Friday 25th January 12:14
Smart was overtaking on a normal road in a 30mph zone, 1 lane of traffic in each direction.
Polo was flashing me out because i saw her gesture me out with her hand too... i also spoke to her about an hour after the collision, but she turned out to be uninsured, hence her disappearing.
I am aware of the rules on flashing headlights officially, but it happens and is commonplace... not that it helps when this happens though.
Smart Car driver is going down the court route because neither of us are admitting total responsibility. I offered a 50/50, but I don't want to take the kick in the nuts of admitting fault unless i have to, simply because of the manner of his driving.
Polo was flashing me out because i saw her gesture me out with her hand too... i also spoke to her about an hour after the collision, but she turned out to be uninsured, hence her disappearing.
I am aware of the rules on flashing headlights officially, but it happens and is commonplace... not that it helps when this happens though.
Smart Car driver is going down the court route because neither of us are admitting total responsibility. I offered a 50/50, but I don't want to take the kick in the nuts of admitting fault unless i have to, simply because of the manner of his driving.
Nope... i was in shock at the time... and the other driver took the first opportunity he could to exchange details and leave. It was one of those frustrating situations where it was my first crash where blame could be laid either way and i thought of all the wonderful things i could have done about 3 days later when it was too late.
Have just spoken to my insurance who are refusing to talk to me because i'm a named driver on the policy, despite being perfectly happy to breach the old Data Protection Act a couple of times. I got a bit of information out of them, but none of the answers i need really.
Have just spoken to my insurance who are refusing to talk to me because i'm a named driver on the policy, despite being perfectly happy to breach the old Data Protection Act a couple of times. I got a bit of information out of them, but none of the answers i need really.
Policy holder is my father, he's just spoken to them. They state that without a witness statement from the car that flashed me out, i've got a less than 10% chance of winning.
Obv. i'm not at home to get the witness details, and my lovely uninsured witness is naturally not on the electoral roll, so i can't 192.com her
Obv. i'm not at home to get the witness details, and my lovely uninsured witness is naturally not on the electoral roll, so i can't 192.com her
Oh, dear. I feel the insurance company is right. You were very largely in the wrong as you were entering the 'major' road from a side turning and failed to ensure the road was clear in both directions. The actions of the Polo driver have no bearing on the matter. The Smart could have been a motorcyclist and the case could have been much more serious. Several lessons to learn here (including taking photographs and getting full contact details from witnesses) - Streaky
PS - I'd have called the police as soon as the Polo driver admitted she was uninsured - S
PS - I'd have called the police as soon as the Polo driver admitted she was uninsured - S
Sadly without witnesses you will get hammered as happened to me once.
Dual carriageway , guy pulls out without indicating to overtake a slow car on the left hand lane. Me in outside lane nowhere to go but the car thats just appeared in front of me. Collision imminent I swerve....miss the car thats puled out without looking but hit the central reservation instead...my car 6k damage...him even though I got his reg number....nothing...no witnesses.
He caused the crash . . I paid the price , the money and lost my no claims bonus.
Life I am afraid.
Dual carriageway , guy pulls out without indicating to overtake a slow car on the left hand lane. Me in outside lane nowhere to go but the car thats just appeared in front of me. Collision imminent I swerve....miss the car thats puled out without looking but hit the central reservation instead...my car 6k damage...him even though I got his reg number....nothing...no witnesses.
He caused the crash . . I paid the price , the money and lost my no claims bonus.
Life I am afraid.
Dont know whose informed the OP that if it goes to Court, it will affect his credit rating. Your Insurers will pick up the tab of any Judgement in accordance with the terms & conditions of your (fathers) Insurance Policy.
As for liablity, sadly without witnesses, I cannot see how you will be able to defend such a claim. Also noticed you referred to the fact it was "your" car, but yet your dad was the Policyholder. Trust you werent getting cheap Insurance by the backdoor where you ?
As for liablity, sadly without witnesses, I cannot see how you will be able to defend such a claim. Also noticed you referred to the fact it was "your" car, but yet your dad was the Policyholder. Trust you werent getting cheap Insurance by the backdoor where you ?
With witnesses, he could demonstrate that the other party had effectively overtaken the statonary party who had "flashed" him to emerge from the side road, thus making two lanes of traffic out of one. Allthough its a good few years since I dealt with motor Insurance claims (& I cant be bothered to look through Binghams), he would be able to recover (I believe) 80% of his losses in accordance with previous Legal precedents.
yeah I'm sorry mate but it sounds like you were in the wrong. I'm not talking about taking the flash from the polo as a sign that they were giving way, that happens all the time. I'm talking about then assuming that it would be clear.
There are multiple scenarios in which this can lead to an accident - the same applies to turning right into a side road when a car lets you go, but there is a motorbike, cyclist inside them. Or something coming down the bus lane.
Accept responsibility, and make sure you learn from it. Learning from it is the most important. If you don't do that it will happen again and you might be killed/kill someone.
There are multiple scenarios in which this can lead to an accident - the same applies to turning right into a side road when a car lets you go, but there is a motorbike, cyclist inside them. Or something coming down the bus lane.
Accept responsibility, and make sure you learn from it. Learning from it is the most important. If you don't do that it will happen again and you might be killed/kill someone.
Mr Robbo said:
With witnesses, he could demonstrate that the other party had effectively overtaken the statonary party who had "flashed" him to emerge from the side road, thus making two lanes of traffic out of one. Allthough its a good few years since I dealt with motor Insurance claims (& I cant be bothered to look through Binghams), he would be able to recover (I believe) 80% of his losses in accordance with previous Legal precedents.
If I was driving down the road and came across a stationary or near stationary vehicle I would be inclined to overtake it if nothing was coming the other way as well, how am I meant to know that the headlights I can in no way see have flashed to allow somebody else who hasn't got the right of way out onto the road? I'd want to be paid out from their insurers too, not get the blame.Edited by gazza285 on Friday 25th January 20:11
Well perhaps before you decide to overtake that stationary car in the middle of the road (or at least in the middle of the side of the road your driving on) you could wonder why it is stationary ? Alternatively look to the nearside of said vehicle to see if another car is emerging from the side road.
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