Still No Insurance Payout
Still No Insurance Payout
Author
Discussion

redhotwheels

Original Poster:

43 posts

276 months

Wednesday 25th May 2005
quotequote all
Hi Guys,

Some of you may remember that our S2 Elise got trashed when some nutter pulled out in front of my partner Kay about 2 months ago. Yep, little bits of lightning yellow all over the road - but she was fine. Whew.

Anyway - progress or lack of it...now the taxi that pulled out is saying she was speeding and the one that waved the taxi out into her path is saying that she was doing 60-80 in a built up area (30). I tell ya - this is killing her. She is currently qualifying for formula woman and this has knocked all the 'zoom' out of her.

Well sad.

No way was she driving silly - we like back roads and tracks if we need fun - and certainly not in a built up area.

Anyway, the insurance company have now cancelled my policy - so I'm shagged. Kay's driving but for how long we don't know since she is being sued by everyone and their goat.

The insurance company (name released shortly) have not offered me a cheque and its been two months. I paid the feckin premium up front too! They have said they 'may' consider insuring me in future. Full clean licence, full no claims. What gives?

Meanwhile my lotus Esprit HC is sitting in the garage with no driver. I could sell but I think....no!!!!!!!!!!

Moral support and advice needed guys. How do we handle this? Crash investigator has visited and seems to be sympathetic and on our side. I have done the calculations for acceleration from rest and skid length and I have come up with a figure of 32mph with an impact of 27mph...yes that WILL write of your car. Bugga

Comments, shoulders, sympathy, suggestions re insurance all welcome.

Best

Steve & Kay

bogie

17,100 posts

302 months

Wednesday 25th May 2005
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Id get a good solicitor who specialises in motoring stuff ASAP - if you search around the net you should find one....someone that an corroborate your calculations etc and tell the insurance company that you will be sueing them quite shortly too ......tossers

Bob_Defly

5,908 posts

261 months

Wednesday 25th May 2005
quotequote all
Surely if it was a big crash the coppers would have been called, then they would have done all the measuring etc.?

I think I'll call them myself if I'm in that situation just to make sure everything is done correctly, as I've had a few friends have crashes where the other party has admitted liability at the time, then gone back on it later...

Sympathies...

randlemarcus

13,646 posts

261 months

Wednesday 25th May 2005
quotequote all
Huge enormous sympathy.
Numpty who thinks it looks fast, so obviously it is. Twots.

Suggest a search (if working) for Anniesdad, and PM him really quite urgently. Its his business to take your side, and sort things out for you.

WHy did they rescind your policy?

Esprit

6,373 posts

313 months

Thursday 26th May 2005
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Yeah I'd get lawyered up pretty fast.... just because some twit that pulled out in front of you says "you were speeding" means jack... from that angle, they're in the WORST place to judge your speed (head-on) and unless she was doing CRAZY speeds, then it's impossible to verify numpty's claims without tests...... but yeah you might need legal aid on this one.... all the best.

francelise

186 posts

261 months

Thursday 26th May 2005
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Several years ago, I pulled out on to a main road from a smaller road. I pulled out no-one was approaching but, bang! a guy must have been doing 60mph in a 30mph zone. He hit a post 100 yards down the road after clipping me. The post was in the centre of his bonnet! The police came, it seemed obvious he was speeding but I got 100% blame as I had pulled out on to a main road (this was in a built-up area).

4 years later, someone did the same to me, it was totally their fault. He did try and say it was me.

Fight it, totally. I am sorry you have to go through this.
I actually take a cheap digital camera in my boot(that's all that fits in it!), just in case anythings happens.

francelise

jonesgm

265 posts

263 months

Thursday 26th May 2005
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I agree with francelise, My wife stuck the bonnet of the jag to far over a junction to turn right(er yes wife has pulled out on someone), got hit by a Civic doing 50-60 in a 30 (the hit the jag so hard they twisted the chassis and wrote it off), one of the passangers in the civic ran from the car, therefore they lied to the police when stating there was on one person in the civic - but two claims for whip lash came in! BUT still my wifes fault. Re the guy who ran, is a police matter NOT an insurance matter.

The ruling is(in our case): nobody would drive into a car on purpose, what ever speed they where doing.

I can understand the taxi drive, as it's his living. But he should not have moved out due to another driver waving him out onto a junction.

Stick to your guns - They pulled out on you





BigAndy69

117 posts

261 months

Thursday 26th May 2005
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Like most people have said a good solicitor will be able to sort it out. Try and get a recommendation rather than search randomly on the net. I'm a solicitor and would love to help you but its not my area of expertise.

Andy

S Works

10,166 posts

280 months

Friday 27th May 2005
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Steve drop "anniesdad" an email via his profile. He's helping me with my shunt from the weekend - very nice guy and well recommended by other PH'ers.

See my thread in General Gassing for his comments etc.

Best of luck and sorry to hear of the nightmare.
Cheers, Tim

anniesdad

14,589 posts

268 months

Friday 27th May 2005
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Hi Steve,

I'm so sorry to hear about your accident and pleased that Kay was uninjured. Frankly i'm disgusted (but hardly surprised) at the way you've been treated. I'm assuming that you're insured comprehensively in which case you should have received settlement within 30 days of the accident date (this is about the average). If your car was insured third party, I would suggest approaching a Solicitor straight away, as your case is cost bearing to them, despite the fact that Kay is not injured. I'm assuming your car is worth far in excess of £5000.

Why have your insurers cancelled your policy?

As far as negligence for the accident. Speed in itself is NOT an act of negligence. Pulling out from a side road, whether flashed or not into oncoming traffic, whether it's speeding or not IS negligent. They're ganging up on you because;

1. The guy who pulled out - caused the accident
2. The guy who flashed him out - contributed to the accident happening.

IMHO, Kay did nothing wrong.

I'd suggest getting legal advice and getting heavy with not only the third party and their insurers, but also the insurance company. I know a man for the job, if you like. PM me, if you want to have a chat about it, i'm more than happy to help.

Please may I take this opportunity to thank those PHers who have suggested Steve should ask me for advice, it is very much appreciated.

Kindest regards

Steve