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fiesta - Do insurance companies fight your corner? - pcmd1970

long time lurker looking for some opinions

This morning I was on a two lane A road, the bus on the inner lane decides to pull out and goes straight into me. Bus company has video footage and claims its all my fault as i was "driving like Lewis Hamilton" - I simply wasnt, was going same speed as bus who pulled out into me, I never deviated in my progress in outer lane.

Explained all this to my insurance company (axa) - in the face of the bus company's vehement stance how likely is my insurance company to roll over and accept blame? I realise the CCTV footage is key but as mentioned earlier I just held my position and the bus pulled over into me. The highway code says if you want to change lanes you signal and move when safe but getting a bit worried as the clown from the bus company seems v.confident it's my fault which worries me that my insurance company might just roll over.

thanks for any views

fiesta - Do insurance companies fight your corner? - pcmd1970

forgot to mention when I spoke to the bus drive her initial defence was that there weren't two lanes and so I shouldn't have been outside her. Sent the insurance company a pic of the road markings clearly showing two lanes, the fact she didn;t realise there were two lanes perhaps explains her pulling out without looking but i cant get my head around how the bus company after seeing to footage still maintains it was my fault. Angry & confused !!

fiesta - Do insurance companies fight your corner? - badbusdriver

Assuming it happened as you said, I don't think you have much reason to be worried. The CCTV footage, presumably, was from a wide angle camera mounted up high on the side of the bus towards the rear. This will support your statement that the bus driver was at fault. The person from the depot which you spoke to sounds to have been unnecessarily aggressive about it, but otherwise it would probably be standard practice to deny fault, despite how obvious it may seem to you.

As an aside, I do remember from my bus driver training, being told that cars are required by law to let a bus out from a bus stop unless doing so could cause an accident. But that doesn't sound like it would be relevant here as you were already beside the bus at the same speed, and the bus wasn't pulling out from a bus stop.

fiesta - Do insurance companies fight your corner? - RT

Cars are required by law to let a bus out from a bus stop unless doing so could cause an accident.

I've never heard that - should let them out maybe, but not MUST.

fiesta - Do insurance companies fight your corner? - pcmd1970

thanks for the reply - the bus was approaching a bus stop but decided to pull out before reaching it , i'm assuming she saw no-one flagging her down and the road narrows about 50 yards ahead due to cars parked on the side so she decided to pull out, by her own admission she didnt realise there were two lanes so probably didnt look and so hit me. I understand her being defensive but was confident once the bus company reviewed the footage they would accept blame so was staggered to hear them tell me it was my fault. Hence the question of how likely are my insurance company to stand up to them

fiesta - Do insurance companies fight your corner? - daveyjp
You still need to put in a claim and make your case.

Get a copy of the video and write down what happened. Tie this is in to how the driver failed to drive to the standard of a professional in charge of a PCV and this lead to the collision.

Driver failed to use mirrors, failed to indicate, failed to check mirrors again before moving out, etc etc. The other party will then have to show you are wrong, difficult with a video if it doesn't show you doing much wrong.
fiesta - Do insurance companies fight your corner? - pcmd1970
I have asked for a copy of the vid, bus company is claiming data protection as why they can’t give me a copy- hence my worry that the insurance company will be rail roaded by the bus company’s fierce opinion that I’m to blame, I just drove along a road and a bus drove into me

Edited by pcmd1970 on 24/01/2019 at 23:04

fiesta - Do insurance companies fight your corner? - Miniman777

With your latest post, I am now suspicious of the bus company and its transparency. Has the bus company got something to hide?

I suspect that by quoting data protection is the first level a series of stalling tactics in the hope of putting you off so you eventually capitulate. Next one will probably be the footage is corrupted or the camera wasn't working, driver is on the sick with stress.... Just dont roll over, dig in.

If you firmly believe you are in the right, then bang in a subject access request to the company's data controller tomorrow. It may cost you £10. Read section 5.2.3 of this: ico.org.uk/media/1542/cctv-code-of-practice.pdf. (5.2.3 Subject access requests - Individuals whose information is recorded have a right to be provided with that information or, if they consent to it, view that information).

Also worth a call to the Information Commissioner's help line for guidance. Advise your insurance company of their refusal to cooperate in providing CCTV and ask them to make a request to make the footage available.

Go back and take pics at the location to confirm the road layout.

It's another reason to have your own dash cam. Good luck.

Edited by Miniman777 on 25/01/2019 at 00:10

fiesta - Do insurance companies fight your corner? - oldroverboy.

Do insurance companies fight your corner?

The short answer to that is NO!

A few years ago I had tremendous problems with an insurance company when defending a claim for whiplash. In the end, told them that if they did not ask for proof of causation , I would withdraw and let them defend it on their own,

www.honestjohn.co.uk/forum/post/index.htm?t=95336

Be very firm with your insurance company, and go and get some legal sdvice from a solicitor.

Edited by oldroverboy. on 25/01/2019 at 08:09

fiesta - Do insurance companies fight your corner? - daveyjp
Data protection is standard fob off and of no consequence as it is data relevant to you which they are holding.

Submit the Subject Access Request (there should now be no charge for this as you are not asking for excessive amounts of data which may be difficult to compile) and remind them of their obligations under GDPR regulations.

I have found insurance companies do work for you.
fiesta - Do insurance companies fight your corner? - SLO76
Relax, don’t let yourself get wound up here. Buses almost always carry a full interior and exterior CCTV system and the footage will be used to ascertain blame. Both insurers will have access to it and there’s absolutely no need for you to get a copy too. Your insurer will use it to wriggle out of a claim if the other party are to blame.

I drive buses for a large national firm and twice I’ve had incidents where the footage was used to apportion blame and in both cases it was the other party in my case. One where a car driver thought it was wise to undertake while I was negotiating a tight turn in a 40ft bus and another where a female driver ran into the side of a Scania and tried to blame me. There’s nothing to fear from CCTV if you’re the innocent party.

In fact I believe the cameras on buses should be used to catch dangerous drivers including those who text and phone on hand held mobiles at the wheel. I’ll see dozens every day I get behind the wheel but the bus firms don’t want the hassle or the image of being out against motorists.

Edited by SLO76 on 25/01/2019 at 11:24

fiesta - Do insurance companies fight your corner? - Gibbo_Wirral

A bit about CCTV footage from the Data Protection Act:

Subject access requests apply equally to CCTV recordings as to any other recorded data.

Individuals therefore have a right to request a copy of their personal data, which includes footage held on a CCTV system, where they are the focus of the footage and/or they are clearly identifiable.

As for your insurance company fighting your corner - add me to the "hell no, they don't" list.

I wouldn't be surprised if this is why there are so many claims companies out there.

My insurer did nothing for a month when someone hit me.

But when a local solicitor took the case on and delivered me a nice hire car with a threat to the other parties solicitors that they would be footing all expenses it was all settled in a week.

Edited by Gibbo_Wirral on 25/01/2019 at 12:27

fiesta - Do insurance companies fight your corner? - nick62

I have said previously that unless it is completely obvious who is to blame, insurance companies just go "knock for knock" and hope you roll-over and have your tummy tickled. In the grand scheme of things it evens itself-out for them over the course of time, but tough-luck on the poor b***** who has been left high and dry.

My own company had no desire whatsoever to chase the Polish lorry firm who side-swiped me many years ago. It was only my insistence and well documented (photographic) evidence of the vehicle, driver, his license and insurance certificate which made them sit-up.

Basically I did all their work for them.

fiesta - Do insurance companies fight your corner? - Manatee

Basically I did all their work for them.

You said it yourself, if on average they will win half and lose half then it ceases to be cost-effective to spend time and money apportioning fault when they can just split them all 50/50.

Claims management companies are primarily interested in clear non-fault claims and their interest is not in establishing fault but in maximising claims. In fact your insurer, in the case of a clear none-fault claim, will usually pass it to either its own claims management firm or another that pays them a commission, ultimately paid for by insurance premiums. By stinging each other for inflated hire fees and farming claims for personal injury and loss of earnings, collectively they keep premiums higher than they should be.

fiesta - Do insurance companies fight your corner? - Leif

Basically I did all their work for them.

You said it yourself, if on average they will win half and lose half then it ceases to be cost-effective to spend time and money apportioning fault when they can just split them all 50/50.

Claims management companies are primarily interested in clear non-fault claims and their interest is not in establishing fault but in maximising claims. In fact your insurer, in the case of a clear none-fault claim, will usually pass it to either its own claims management firm or another that pays them a commission, ultimately paid for by insurance premiums. By stinging each other for inflated hire fees and farming claims for personal injury and loss of earnings, collectively they keep premiums higher than they should be.

Indeed. When I recently made a claim I made it clear to my insurer that were the other party to not accept fault, I would complain to the Financial Ombudsman. Their web site mentions that insurers can behave as you indicate, and that it is wrong. Perhaps this made a difference, I don't know, but it's always worth mentioning when you make the claim, as they can then mention this to the other insurer, in the hope they are less likely to try it on.