| Welcome to www.saynotoyes.co.uk. We hope you enjoy your visit. You're currently viewing our forum as a guest. This means you are limited to certain areas of the board and there are some features you can't use. If you join our community, you'll be able to access member-only sections, and use many member-only features such as customizing your profile, sending personal messages, and voting in polls. Registration is simple, fast, and completely free. Join our community! If you're already a member please log in to your account to access all of our features: |
| Faulty Car Insurance Claim | |
|---|---|
| Topic Started: Nov 25 2006, 08:28 AM (55 Views) | |
| Deano | Nov 25 2006, 08:28 AM Post #1 |
|
Hi Everyone, I need a little advice regarding an incident a couple of years ago. It was August 2005 and was driving to work. At a busy roundabout a learner infront of me saw a space and pulled off, I then looked to the right as you would to wait for my own opportunity, which came, and i moved off, only to find that the learner had stopped halfway round a tight corner off of the roundabout, and i clipped the rear of the car. We both stopped, swapped insurance details, and continued on our way. The damage was so negligable I didn't even deem it worthy to claim on, and considered that the end of the matter. That was until april 2006 (some 9 months later!) when i received a letter from Norwich union insurance (the other cars company) stating that i was at fault for the accident, that i was driving without due care and attention, failed to take avoiding action, and was driving too fast! On a roundabout at no more than ten mph! Now i don't know how these things work, and i may well have been at fault, but i feel i did all i could to avoid that 'collision', and would go as far as to say someone suddenly braking infront of you hardly makes me negligent, does it? Not only that they are claiming for over £3000 worth of work, which they have sent me a breakdown of. How can a few scrapes amount to that? Now when the collision happened, neither party admitted liability, there were no witnesses except one passenger in each car, mine agreeing with my story, and no photos etc were taken. How can they then 'assume' my liability. Do i not get the option to put over my side of events? I wrote to the solicitor from the other persons insurance company, as they were now threatening action to recover the loss, explaining my story, and got a reply asking how much i was willing to pay per month to pay it off. Since then i have received a ccj regarding the incident and have started to pay a monthly figure whilst i try and fight it but have been very careful in not admitting liability. Where do i stand and what do i do next. Please! I have had enough hassle with YCC without this also! |
 |
 
|
| jenni | Nov 25 2006, 09:28 AM Post #2 |
www.saynotoyes.co.uk
|
although I agree with you here that a driver stopped halfway round a roundabout is a serious problem and you probably did all you could to avoid the collision, because you hit them in the rear, the accident will always be deemed to be your fault, that is just how these things work unfortunately. with the repairs it seems as though they have been done at the insurance companies approved repairer and that is maybe why it has cost so much. I had an Escort that I had an accident in and the prices between garages to fix it was quite hilarious!!! It then seems as if they have just sent your insurance company the bill. Can I ask, did you get an accident report from the other persons insurers or even your insurers to fill in at the time? I would seek advice on this either from your insurance company or from somebody like the Citizens Advice especially as now you have a CCJ and it seems from your post you have not been allowed to contest this decision. Please keep us informed as to what you find out |
|
<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ****************************************** 
| |
|
|
|
| Lee75_UK | Nov 25 2006, 12:56 PM Post #3 |
|
Deano, Unfortunately Jenni is correct, when you "rear end" another it is always classed as your fault. As for the claim, if you exchanged insurance details, why did the other side not contact your insurance?? Normally the only contact with you would be your own insurance company to investigate on your behalf. If you had insurance at the time, surely it should be your insurance company who pays the outstanding bill and not you. These are the things I would be throwing back at them, sounds like they are pulling a fast one. Also if you took out legal expenses with the insurance company, they will pay all legal costs to fight this, although you might have a fight to get them involved as that policy will now have expired. Hope this helps Lee |
|
|
|
| Deano | Nov 25 2006, 03:06 PM Post #4 |
|
Hi Jenni and Lee, thanks for your comments and help. I do agree it is very hard to get out of being liable for hitting someone from behind. That wasn't my main gripe though, its not so much that i am disputing who's to blame etc. It was the fact that the damage was so minor that i managed to t-cut the scratches out on my car, and that i have never been asked for my opinion. As you say, i was under the impression my insurance company would deal with any claim themselves, seeing as we swapped details. I have never filled in a report / form etc, and like i say, the first i knew about it was getting a bill nearly three quarters of a year later for over three thousand pounds! There was no contact in between whatsoever. Oh well, i appreciate your advice, and the time you have taken to offer it. keep up the good work with the site. Thanks! |
|
|
|
| 1 user reading this topic (1 Guest and 0 Anonymous) | |
| « Previous Topic · Post your comments here about other companies · Next Topic » |
2:35 PM Nov 29
