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Someone drove into me and has now changed their story with their insurers - what do I do?
My car was hit by a car which was in a traffic lane controlled by a red light. My car suffered damage to the rear o/s door and wheel arch. We stopped immediately and the first words she said was "I'm sorry". Because it was a very busy junction we pulled forward so traffic could pass.
At the time of impact there was a decent gap behind me which I suspect she saw in her mirror and saw an opportunity ignoring the fact that I was almost alongside. For her journey from Poole to the far side of Christchurch she was in the wrong lane but it is a common ploy to travel in the middle lane and go into the left lane when an opportunity arises. The place my car was damaged surely indicates that she struck me as the ability of a car to move its back into the next lane is tricky.
When we stopped to exchange details she again said "I'm sorry" so I thought that all would be well. I now find that she is claiming that I was changing lanes into her lane. How I could do that at speed into an occupied lane I don't know. But without a witness both my brokers A-plan insurance and their group claim managers Kindertons are telling me that I have no option but to agree to put the matter to my insurance company. This will result in my paying more for insurance in the future and the immediate loss of half of my excess £150.
Her lie or a tricky insurance broker / claims agent are going to cost me a lot of money. They won't let me take her to court as Insurance companies don' do that for what to them is a trivial amount. Any suggestions or am I just being stuffed by the system?
At the time of impact there was a decent gap behind me which I suspect she saw in her mirror and saw an opportunity ignoring the fact that I was almost alongside. For her journey from Poole to the far side of Christchurch she was in the wrong lane but it is a common ploy to travel in the middle lane and go into the left lane when an opportunity arises. The place my car was damaged surely indicates that she struck me as the ability of a car to move its back into the next lane is tricky.
When we stopped to exchange details she again said "I'm sorry" so I thought that all would be well. I now find that she is claiming that I was changing lanes into her lane. How I could do that at speed into an occupied lane I don't know. But without a witness both my brokers A-plan insurance and their group claim managers Kindertons are telling me that I have no option but to agree to put the matter to my insurance company. This will result in my paying more for insurance in the future and the immediate loss of half of my excess £150.
Her lie or a tricky insurance broker / claims agent are going to cost me a lot of money. They won't let me take her to court as Insurance companies don' do that for what to them is a trivial amount. Any suggestions or am I just being stuffed by the system?
Asked on 5 July 2018 by John Duckenfield
Answered by
Honest John
The damage on both yours and her vehicle should tell the story. Photograph the scene, use Google maps for reference and map out the scene to explain the circumstances. You do not need a witness, the evidence should talk for itself. Kinderton are solicitors, not claims managers. They are only interested in earning off your credit hire or PI claim. If they think there is a dispute in liability - and It will take more effort to resolve - they will act with what is in their interest, not necessarily yours.
A-Plan I have had dealings with in the past. Dependent on which office you deal with can completely change the service you receive. Contact them, by law (FCA regs ICOBS8.3.3) they cannot act in conflict to your interest. Advise you do not accept liability in anyway, and you wish that they inform their underwriters of this. Advise that you wish for them to do a "LOCUS" report and have both vehicles inspected. This will corroborate your explanation of circumstances. Advise you Insist they take the matter to court, as the other party will be found in contempt of court for lying under oath if she persist in the lie. Alternatively, sue the other party personally yourself, take her to the small claims court. Things often fall apart once they know some one has issued proceedings against them.
A-Plan I have had dealings with in the past. Dependent on which office you deal with can completely change the service you receive. Contact them, by law (FCA regs ICOBS8.3.3) they cannot act in conflict to your interest. Advise you do not accept liability in anyway, and you wish that they inform their underwriters of this. Advise that you wish for them to do a "LOCUS" report and have both vehicles inspected. This will corroborate your explanation of circumstances. Advise you Insist they take the matter to court, as the other party will be found in contempt of court for lying under oath if she persist in the lie. Alternatively, sue the other party personally yourself, take her to the small claims court. Things often fall apart once they know some one has issued proceedings against them.
Tags:
insurance claims
accidents
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