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Fast fooled

Recently my daughter was involved in a road traffic incident on a straight section of two-way traffic B road. The vehicle approaching my daughter veered on to her side carriageway and she had to take evasive action, the offending vehicle struck my daughters car on the offside damaging her door mirror, rear door and rear quarter panel, the other driver admitted full responsibility and stated that she had lost control whilst feeding her child a sandwich. My daughter contacted her insurance co DIRECT LINE who said that as she was not at fault there would be no cost or detriment to her, she was also advised that a car hire company would contact her to supply a lease vehicle. Subsequently her insurers have advised her that the other party has denied fault and because of this she is liable for the excess, the car hire and loss of no claims as the claim would be settled knock for knock. When she requested that they investigate further the insurer said it would be of no use. I have since discovered that DIRECT LINE are the other parties insurer, as there appears a conflict of interest here is there action she can take against the insurers for lack of care, or against the other party.

Asked on 19 September 2009 by

Answered by Honest John
Yes, she tells Direct Line that she is going to sue the other party
directly for her entire loss and for the cost of reinstatement of her NCD and she will do this via the small claims track of the county court. The sandwich lady won’t lie in court because the penalty for perjury is too severe.
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