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Con-stand-he-noble

You very kindly helped me overcome hesitancy on buying my 1yr old Jaguar XF S V8 back in March this year. All has gone well. It is as you said a fantastic car to own drive despite government taxes. However, your advice again please if I may. My wife and I went to our local supermarket on a fairly busy day, it was raining quite hard. We were on the main thoroughfare in the car park, going at 5mph attempting to find an empty parking bay. We were hit quite hard on the drivers side, low down between the two doors. Long story short, the Turkish women (who had virtually no spoken English) motioned that her foot had slipped and she had obviously hit the accelerator. She had come from a feeder road in the car park, crossed a double broken white line by a whole car’s length (her back wheels were on the white line). She had also cut across a empty parking bay (pictures were taken that show this accurately). She kept saying sorry, I suggested she call someone who could speak English. She did. Also she mentioned she had undergone heart surgery recently (mostly with sign language). I was not angry. I called an ambulance to her (she was ok) then I got a witnesses address. Two police ‘Special’ officers arrived and ensured we were both ok insurance wise. Luckily, she was fully insured. I reported the matter to my Insurer, who I told it was not my fault. Although I had to pay an excess of £350 I expected to be re-imbursed and also to have my no claims unaffected. The Turkish woman is now claiming I was part to blame because I was not on the right line in the car park, which, by the way is unmarked lanewise. If despite my insistence, they have settled 50/50. What remit do I have regarding this case? I am sorry to have taken up half a day of your time reading this but any advice would be gratefully accepted. I am wiling to go to Court. (The damage was about £6,000.)

Asked on 15 August 2009 by

Answered by Honest John
I am now getting more complaints about insurance scams, credit hire, personal injury specialists, and the way insurers behave to their policyholders any other single subject. If you want to fight her and her insurer, sue her directly using the small claims track of the county court. Inform her, her insurer and your insurer that is what you intend to do, using the evidence you have collected. The other insurer will probably then settle 100%, leaving you blameless and your record claim free.
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