Advice on my car accident claim.

[tuscan_al]

Got this through from my insurance this morning, regarding settlement on astra claim. Not sure if I should accept it, see what you think, I have typed the letter word for word. I have already moved my insurance on and dont think the no claims would be affected as had ncb protection, but it just seems like they are copping out. My total claim is oly for around £750.

"The third party insurers are prepared to offer settlement on a comprimise 50-50 basis thus meaning they shall pay for 50% of your claim.

Settlement on this basis will have an effect on your NO CLAIMS DISCOUNT entitlement UNLESS it is "protected", in which case this claim will count as one of the "lives".

If there is no independant witness evidence to support your claim, we feel that it will be difficult to prove that the third party was negligent.

We look forward to your reply"

So is around £375 back to me and a strike against future insurance which I have already moved and declared this accident to..

[Sods Law]

Trying to remember th exact details but if I remember correctly it wasnt your fault so i would push back saying unacceptable as you do not accept and blame ralting to the incident, seek full costs to be covered and a "no Fault recording"
Dave

[tuscan_al]

Sods Law said:

Trying to remember th exact details but if I remember correctly it wasnt your fault so i would push back saying unacceptable as you do not accept and blame ralting to the incident, seek full costs to be covered and a "no Fault recording"
Dave

yes she came off the roundabout and hit into me, but hard to prove I wasnt over the line on her side is her argument I guess. I dont get that they are offering a 50-50 to me, cause that sounds like they know it was her fault but are trying to get away with the minimum costs..

[Sods Law]

Defo reject the offer, and send a very stern letter asking how it can be your fault if you where in your marked bay and she breached the lines reffer to the highways code for this( and any traffic act you can)

Also a John R style approch here will help.

[john_r]

Start your letter with Dear Ct. Always gets their attention.

Alternatively, contact Annies Dad on here as he specialises in this stuff and can give you some sensible advice...

[Lakelord]

Standard response Al. Insurance companies will try and grind you down by sending letter after letter, dragging the matter out in the hope you will give in and accept less than you deserve. If you are in no hurry for the money, politely but firmly reject their offer and re-affirm your position that you want full settlement of your claim.

[tuscan_al]

Lakelord said:

Standard response Al. Insurance companies will try and grind you down by sending letter after letter, dragging the matter out in the hope you will give in and accept less than you deserve. If you are in no hurry for the money, politely but firmly reject their offer and re-affirm your position that you want full settlement of your claim.

Thanks Colin, good advice and what I needed to hear. Not been in the situation before. Will give the AA a bell on monday.

[VerySideways]

Alex - she was on your side of the road and caused the accident, therefore you will not accept any responsibility for the accident at this point in time or in the future. Or words to that effect.

[mrsxllifts]

anonymous said:

[redacted]

EFA

[xllifts]

mrsxllifts said:

anonymous said:

[redacted]

EFA

And we have pictures to prove!

[tuscan_al]

So I called the AA today, they say that I can either go 50-50 where by they pay half mine I pay half her costs, or I might be able that we just both take our own costs on, and then their is no loss of no claims, very unlikely they will pay more than half mine, but then they are getting half her wrecked 325i off me.. Scum

So what should I do?

[Sods Law]

send them a letter asking them to detail the full reasons for this decision so you can take it up with the ombudsman, allways do these things in writing and reffer where possible to the Highway code.

[tuscan_al]

Sods Law said:

send them a letter asking them to detail the full reasons for this decision so you can take it up with the ombudsman, allways do these things in writing and reffer where possible to the Highway code.

There arugment is without witnesses for myside its hard to prove who was where on the road, only both our verions, and me saying she was on my side there is no proof!

[deevlash]

john_r said:

contact Annies Dad on here as he specialises in this stuff and can give you some sensible advice...

this, his company are great

[Harsh]

did the police attend or did you take any pictures?

i agree that ins co's always try and follow the path of least resistance.
they have to follow it through to the conclusion if you insist they do so.
they cannot accept a 50-50 split if you tell them categorically not to.

so dont let them off with the easy path and you may find the other side do.
all you're risking is £375 by standing your ground.
if you lose you get nothing and lose your no claims (or 1 life)
if you accept what they want now you get £375 (minus your excess) and lose yur no claims (or 1 life)
if you win you get £750 (and they pay any excess) and keep your no claims.

no brainer i think.

[Lakelord]

As I recall, BiB did turn up and I also recall pics were taken so you might want to suggest that you want to proceed with your claim and if necessary, through the courts. Inform the insurance company to call for the Police records of the event to be submitted as evidence to support your claim. The police records won't aportion blame I'm sure but if the facts are heard in court, hopefully the decision will go your way.
All of this ofcourse is just a way to explain to your insurance company that you're not dicking around and want them to do their job properly. You are their customer after all.

[Blues]

Al. I had an accident, in different circumstances, where i felt the other chavvy tt party was to blame. The insurance company wanted to do "knock-for-knock" and i objected. I wrote a long letter describing the incident, including drawings and mobile phone photos. I had the car (Range ROver) fixed, and had to cough up the excess of £400. I carried on chasing, and over 18 months later i got a cheque for the excess, and a "not at fault" on my record. As others have said, keep at them, and don't give up. It is likley that you will win eventually.
Good luck

[zhead]

Al, I know that section of road and that corner gets tighter once you've made the initial manoevre. Might be worth looking for instances / road traffic details about previous accidents on the road.

The Police did attend if I remember and you posted some pics - as others have said, doyou still have them or the police have more?

At the end of the day, these things mostly come down to patience and insurance companies hoping for success through frustration and the path of least resistance to accepting (some) of the claim.

Is there any grounds for threatening to also claim the interest you have lost on the money through replacing the car out of your own pocket as a relatively simple claimis now taking so long? Remember, each letter is also a burden on your time and effort....I think John_R has some great text on how to start explaining the cost impact spending time sorting out their issue can have

Good luck mate - I would add that the money at stake here probably isn't as important as accepting a 50/50 blame record on your insurance BUT that said, I'm sure it would be hard to swallow a reduced claim when you weren't to blame.

Edited by zhead on Tuesday 31st March 10:18

[tuscan_al]

Thanks for all the coments guys, Harsh you put it well about what I have to lose or not so to speak. I will draft a letter tomorrow and send it off. They are good at making you give up though, as it's just such a hassle, never want to be in this situation in a car work more than £250!!

[439vRS]

john_r said:

Start your letter with Dear Ct. Always gets their attention.

Fantastic