Squashed by the lorry,no witness.Dont want to go 50/50.Help

[denispearl]

Hi there.

Thank you for reading. I am a new here and would like to greet everyone.

The reason why I would ask for help - unfair 50/50 claim settle, offered by the Elefant insurance company.

Could you help to fight the injustice please?

- On 1st of November i was driving within 30 mph limit on Modern Hall road in london (just there 51.402036, -0.190614 google maps), towards Wimbledon. Dual carriageway. There was a huge Whistle (ex TNT) lorry in front of me, driving in the same direction.
I was going in the right lane and he was going on the left one. My whole intention was to overtake this lorry on the right, within speed limit obviously. Before the approach i have slowed down to see what the lorry's driver intentions are. He was steady going in the same lane and there is was no indicator on. As there was enough space for my manoeuvre I proceed. When I have approached approx half length ot the vehicle, the lorry started to pull into my lane. I have jammed the brakes obviously, but was too late, i wasn't able to escape the impact due to vehicle lengths.

So lorry did dragged its body against mine, ripping off pass side mirror and the door handle. There is none or very minor damage was done to the lorry itself.

We parked on the side and Ive taken pictures, drivers license details ( name, address etc). I have filled accident form, which driver provided and called my insurance company.


- 1 week later!!! my Elephant asked me to provided pictures and coordinates. As it turned up, third party never informed their insurance, so my Insurer did.

- 2 weeks later - ive called my insurance with the status check. apparently they haven't heard from the 3rd party insurance since and promised to get in touch with them. My insurance also stated that if there is not liability admitted by the 3rd party and no cctv/ witnesses in place), the case will be 50/50 settle. I wasn't happy at all.

- Few days later, after no sign of life from my Insurance, I Called them a again. Nice Block spoke to me and promiced to sort thing out. He came back to me few hours later stating that the 3rd insurance party s still n the process and apparently the lorry had CCTV on board. I was happy, relaxed and was just waiting for the sings go smoothly in my favor.

- Few days later same block contacted me, saying, that, according to 3rd party insurance, there were no images by CCTV captured (apparently switched off) and they couldn't prove the 3rd party liability. WOW

- So the outcome is- accept 50/50 or cancel the claim. My whole reaction is ''hell no!!''.
It wasnt my fault and it is completely unfair.

Could you please advice on what I can do in this damp situation. I dont want to loose my money either way.

You advice is really much appreciated.

Edited by denispearl on Saturday 6th December 10:47

[Sump]

Any cctv in the area?

Probably should have gotten in touch with a claims management company.

[Markgenesis]

Without a witness or film evidence you may need to accept the 50/50 i'm afraid.

Any non fault bump i've been in (fortunately few) first thing i do is look for a witness, following driver etc.

[denispearl]

Sump said:

Any cctv in the area?

Probably should have gotten in touch with a claims management company.

Hi and thank you very much for reply.

My insurance checked that area, stating, that no CCTV is there, unfortunately.

Could I please ask, what about those CMC? are they any good? Any implications?

Thank you

[sebhaque]

Welcome.

I know that road. Were you travelling towards the hill with the speed cameras on it? The left lane is a bus lane that people often park in, so drivers have to pull into the righthand lane to get round.

On the face of it this sounds pretty clear-cut - lorry pulls an unsafe lane change and collects you in the process. Do you have photographs of the damage/marks to your car and the lorry? They should help in your situation. Depending on how far down the road it happened there may be council CCTV available, IIRC there's an overhead camera just past the Peugeot dealer.

[Monkeylegend]

Can't help you with the insurance aspect but I enjoyed reading that in a Manuel type accent.

Hope you get it sorted.

[denispearl]

Markgenesis said:

Without a witness or film evidence you may need to accept the 50/50 i'm afraid.

Any non fault bump i've been in (fortunately few) first thing i do is look for a witness, following driver etc.

That would be an easy way and I would lose my money and increased premium next time, as a result. Possible, Canceling the whole claim is the better thing altogether..

I wouldnt like to do it at all. Do they think in Insurances, that Iam a kamikadze, driving into the lorry's side?

Edited by denispearl on Saturday 6th December 11:27

[denispearl]

Monkeylegend said:

Can't help you with the insurance aspect but I enjoyed reading that in a Manuel type accent.

Hope you get it sorted.

Thank you for the feedback.
I have to admit the accent, hope not too drastic for the eyes.
Iam learning still.

[Monkeylegend]

denispearl said:

Monkeylegend said:

Can't help you with the insurance aspect but I enjoyed reading that in a Manuel type accent.

Hope you get it sorted.

Thank you for the feedback.
I have to admit the accent, hope not too drastic for the eyes.
Iam learning still.

I would say you have learnt well

[denispearl]

sebhaque said:

Welcome.

I know that road. Were you travelling towards the hill with the speed cameras on it? The left lane is a bus lane that people often park in, so drivers have to pull into the righthand lane to get round.

On the face of it this sounds pretty clear-cut - lorry pulls an unsafe lane change and collects you in the process. Do you have photographs of the damage/marks to your car and the lorry? They should help in your situation. Depending on how far down the road it happened there may be council CCTV available, IIRC there's an overhead camera just past the Peugeot dealer.

Great to hear that and thanks you for reply.
I was driving towards that roundabout in front of Peugeot car dealership. All has happened prior that roundabout, not afterwards, unfortunately. I believe speed cameras, you mentioned, are located close to morden road tram stop and way too far from the place of accident . It was a weekend midday, so yes, there might be cars parked. Didnt noticed back then, due to overall stress experienced.

I have a photos of my car and the lorry's back (with the registration). No damage to the lorry wasnt pictured (dont think there was any anyway). I have got both vehicles on the picture, parked. Even the lorry driver's picture. He is A Hindu national and he is english was soo poor. I was hardly able to understand him. My english isnt fluent, but still.

I think I would also contact Morden council in order to clarify Possible CCTV location.

Edited by denispearl on Saturday 6th December 11:25

Edited by denispearl on Saturday 6th December 11:34

Edited by denispearl on Saturday 6th December 11:56

[denispearl]

Monkeylegend said:

denispearl said:

Monkeylegend said:

Can't help you with the insurance aspect but I enjoyed reading that in a Manuel type accent.

Hope you get it sorted.

Thank you for the feedback.
I have to admit the accent, hope not too drastic for the eyes.
Iam learning still.

I would say you have learnt well

Thank you, Legend

Edited by denispearl on Saturday 6th December 11:35

[anonymous-user]

It's too late to cancel the claim, you'll still have to declare the accident at renewal.

If there is no evidence and the other party won't admit it then your insurer can't prove liability. Just let the insurers deal with it, get your car fixed and move on. Sucks, but that's life.

[denispearl]

charltjr said:

It's too late to cancel the claim, you'll still have to declare the accident at renewal.

If there is no evidence and the other party won't admit it then your insurer can't prove liability. Just let the insurers deal with it, get your car fixed and move on. Sucks, but that's life.

Thank you for your reply.

I have spoken to my Insurance and discussed the s called ''cancellation scenario''. They've said that If 3rd party has nothing to claim, then its ok. Dont think they have, as no damage caused to their vehicle. If so, then Elefant will close the claim and I will not lose my NC discount, as a result. Yes, they will have the accident on the records, but I will state, that it is not my fault during the renewal.

Did I miss something there?
Thank you

Edited by denispearl on Saturday 6th December 11:34

Edited by denispearl on Saturday 6th December 11:39

[hotchy]

After a fault claim writing my car and the other guys car off my insurance went up 50pence more a year than when i qouted with no accidents. Just get your car sorted.

[denispearl]

hotchy said:

After a fault claim writing my car and the other guys car off my insurance went up 50pence more a year than when i qouted with no accidents. Just get your car sorted.

Thank you for reply.

With all respect, I think your case is a lucky one.
I wish it was true, but...

Ive had an accident 5 years back, which wasnt my fault and had premium increased dramatically afterwards. I dont have NCD at the moment and not sure how it will affect me.

Dont want to risk much , especially living in London, where premiums are highest already.

I will discuss it with my insurance again.

Thank you.

Edited by denispearl on Saturday 6th December 11:54

Edited by denispearl on Saturday 6th December 12:00

Edited by denispearl on Saturday 6th December 12:03

[GC8]

Can your insurer bully you into accepting liability? I would stick to my guns if I were you.

Ultimately the FOS will not allow a slacker in a contact centre to railroad you, if this is what is happening (and it appears to be).

[Al U]

hotchy said:

After a fault claim writing my car and the other guys car off my insurance went up 50pence more a year than when i qouted with no accidents. Just get your car sorted.

Which company are you with? I think I will be insuring with them come renewal time!

[denispearl]

Al U said:

hotchy said:

After a fault claim writing my car and the other guys car off my insurance went up 50pence more a year than when i qouted with no accidents. Just get your car sorted.

Which company are you with? I think I will be insuring with them come renewal time!

I second you on that!

[denispearl]

GC8 said:

Can your insurer bully you into accepting liability? I would stick to my guns if I were you.

Ultimately the FOS will not allow a slacker in a contact centre to railroad you, if this is what is happening (and it appears to be).

Thank you for reply.

Stick to my guns - its what exactly i would do! Thats why Ive opened this topic. I need to find out how to fight in this situation, how and whom to escalate the case to, etc.

Not sure if there is a slacker, but in any way I need to know what to do next, in order to get real help from someone who will fight my case.

I feel that the justice is by my side and the evidence on pictures provided by me is clear, as a sunny day.

I wish i could attached pictures in here for everyone to see, but no such an option provided by moderators, unfortunately.


Any help would be appreciated.

Edited by denispearl on Saturday 6th December 12:24

Edited by denispearl on Saturday 6th December 12:27

Edited by denispearl on Saturday 6th December 12:31

[surveyor]

I don't get 50/50 here. IF he's in one lane and OP in the other then either OP has decided to drive into a lorry (possible but not likely) or Lorry has not seen OP and driven into him.....