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An insurer is claiming 50/50 in an accident, and I'm not to blame?
I was along a narrow Devon lane and saw a post van coming round the bend at the top of a hill. I stopped about 30 metres away from him, but he didn't try to stop and so he hit me, causing many pounds of damage.
He rang me two days later to admit full liability and that he had told his boss that and confirmed I had been stationary. We took photos (later) of his 8 metres skid mark and also of the bank he hit, plus the position of the car/van. The witness, who came up behind the van, advised me that postie had been speeding earlier and he (witness) was forced to pull in to let him pass!
We were about 15-20 mins dealing with details and the witness had to sit and wait as lane too narrow for him to pass.
Hubby was a passenger in my car but was not asked for any details. My insurers say it has to be 50/50 as postie insurers state we hit on the bend, we were a long way from it and the photos sent prove this.
I have refused 50/50. My insurers contacted my phone company for proof that the postie rung me. If that call is not recorded, and why would it be recorded, then it has to be 50/50.
After the postie telephone call I immediately rang the insurers to advise them of it, that was recorded but they say hearsay!
My car, motability car, was just 10 days old and only my third time of driving it, so was very badly shaken up and have kept insurers fully up to date with repairs and any calls made about accident.
Can my hubby be considered as a witness, I intend to fight this through to courts if necessary but insurers say it would cost them far too much cash and won't allow it.
How do I stand please? Been with those insurers 9 yrs with unblemished record!
He rang me two days later to admit full liability and that he had told his boss that and confirmed I had been stationary. We took photos (later) of his 8 metres skid mark and also of the bank he hit, plus the position of the car/van. The witness, who came up behind the van, advised me that postie had been speeding earlier and he (witness) was forced to pull in to let him pass!
We were about 15-20 mins dealing with details and the witness had to sit and wait as lane too narrow for him to pass.
Hubby was a passenger in my car but was not asked for any details. My insurers say it has to be 50/50 as postie insurers state we hit on the bend, we were a long way from it and the photos sent prove this.
I have refused 50/50. My insurers contacted my phone company for proof that the postie rung me. If that call is not recorded, and why would it be recorded, then it has to be 50/50.
After the postie telephone call I immediately rang the insurers to advise them of it, that was recorded but they say hearsay!
My car, motability car, was just 10 days old and only my third time of driving it, so was very badly shaken up and have kept insurers fully up to date with repairs and any calls made about accident.
Can my hubby be considered as a witness, I intend to fight this through to courts if necessary but insurers say it would cost them far too much cash and won't allow it.
How do I stand please? Been with those insurers 9 yrs with unblemished record!
Asked on 8 February 2014 by junket
Answered by
Honest John
No, a spouse can't be used as a witness. But if you suffer any financial damage as a result of the decision by your insurers, sue the postie directly using www.moneyclaim.gov.uk and tell your insurers that is what you propose to do.
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