Hi all
Last month my car was written off.
As i waited behind a parked car (two thirds of the front of my car was behind it)for the oncoming car to pass i saw to my horror that the car swerved from its original course(opposite side of the road) straight into my car at about 25-30mph without breaking.I got out of my car to check that the woman who was driving and her kids in the back were all OK.Thankfully they were.
The Lady appologised to me saying that she didnt see me as she had turned around to stop her children fighting in the back and tat is why her car swerved into mine.I told her not to worry but to make sure her kids were fine as a car can be replaced but children cant.She admitted to me responsibility for the accident at the time....................however i soon got a letter from her insurance company blaming me(Incredible!!!!)when i phoned my insurance company yesterday to see when i will get the Excess on my old car paid to me(Luckly i have got fully comp insurance so have alreay been paid for most of the car)the insurance company said that we(me and Direct Line) were claiming responsabiliy for the accident.After a heated conversation on the phone the man from Direct Line said that they will put it through the split claim department but there was no guarantees that they will fight my case for me!!!!!!!!!!!
What do i pay them money for?
It seems quite incredible that i should be blamed for an accident when i wasn't even moving!!!
Any thoughts?
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As with all insurance claims, the key to success is witnesses, or failing that, plenty of photographs of the scene. Without corroboration from an independant witness, it's your word against theirs. However, I'd have thought that the damage would provide a fairly good indication as to how the damage occurred.
Andy
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>>what do I pay them money for ??
I don't know. Do you pay them for uninsured loss recovery ? Because an excess is an uninsured loss.
So firstly, do you have some level of unisnured loss recovery agreement with them ? If not, then don't hold out much hope.
IF you do, push them. If you do not, immediately write to the other person and their insurer if you know it and state your claim for this excess. Include any other uninsured losses you may have. State what the incident was, why you consider it to be their insured's fault, mention that she stated exactly why the accident had happened and give them a date to reply to you byu.
M.
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failing that a quick phone call from a solicitor may make your insurer a little more receptive to your arguments..
Remember that if your insurer takes makes you responsible for the accident then you will have to declare that you had an accident that was your fault with any insurer and your premiums will rise significantly
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Old P. is correct. Get a solicitor involved. If you win they just reclaim their charges from the other partys insurance.A letter might cost you £30 but it will be money well spent.
Insurance companies tend to just want to settle with the least inconvenience and cost to themselves IMO.
Obviously if you have witnesses it helps.
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Cheers guys
I did have a witness unfortunatly when i phoned her a week later she didnt know anything about an accident and asked if anyone was hurt!!!!!!!!! Mind you she did look about 70 years old.
My wife was in our car at the time but i don't know if that is any good!!!
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Your wife should be good as a witness, did you tell your insurers straight away that she was in the car? It can look a little odd if your wife turns up as a witness a week after the event
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Thanks OP
I'll get on to Directline ASAP
Cheers Tony
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"It seems quite incredible that i should be blamed for an accident when i wasn't even moving!!!"
Leaving out the circumstances of your incident, it is a very common scenario for the car at fault to be stationary when the impact occurred - a car pulling out of a T junction onto a major road in front of a car for example.
I assume she is claiming that you misjudged your overtaking of the parked car and the impact occurred on her side of the road? If that is so, whilst not in any way questioning the facts you have given, I have to say that her version appears more plausible.
As others have said, without independent witnesses, you face an uphill struggle and even with a split claim you still lose your NCB - unless it is protected
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I have had two accidents through no fault of my own in the last two years. One was slightly similar to yours in that another car hit mine whilst it was parked. In both instances I was able to get the other (guilty) party to admit liability. I did this in three ways:
1) I always carry a disposible camera in my glove compartment. In both accidents I immediately photographed the whole scene; the damage to both cars, the road at the point of the accident and in both cases I managed to get a photo of the other driver at the scene. I think the real value of this is that it spooks people and makes them think you know what you're doing and a denial would be pointless. In any event it provides a useful record when filling out the claim form.
2) I pay 15quid a year for legal cover on my insurance. This is worth its weight in gold. One phone call and the dogs are let loose to chase up all your uninsured losses.
3) Possibly most importantly, react quickly at the time of the accident. Don't be confrontational, it never helps. Be aware that the other party will probably be very shocked which will allow you to find as much out about them as you can. In both cases with me, the other parties mentioned that this was their first accident and asked me what was likely to happen next, invaluable information. Finally, trust no-one. Everyone thinks differently when they get home and find out what the financial penalty will be when they make a claim. Get witnesses if any are available.
The caviat that I would like to add to the above is that if you are ever in an accident that is your fault, hold your hands up (but not at the scene). Its peoples inherrent dishonesty in these matters that makes it such a stressful time and I include insurance companies in this.
Sorry to hear about your experience, possibly the best thing to do is learn from it?
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I always carry a biro and a small notebook. Ever so polite , when someone crashed into me when I was staionery, I wrote down a 4 sentence account and asked him to sign and date it as I needed it for my insurance company.
He effectively admitted guilt: my no claims was untouched.
Always worth trying.. but politeness /no sign of stress or hurry on my behalf was the secret.. (inwardly I was fuming but..)
madf
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Way back in February SHMBO was knocked off her scooter whilst stationary in her works car park.
The culprit was a solicitor who reversed without seeing her, despite her wearing a yellow coat with refrectors at the time.
Monetary damage was about £130 for a helmet and straightening the stand. She put in for that and eventually the other party admitted liability.
However, as she said she had some bruises (true) and stiffness her insurance company put it into lawyers who sent her for a medical which recommended physiotherapy and a hydrocortizone injection.
Still haven't got the money back for the property damage but it looks as if that will be covered plus the physio and a lump sum for injury.
The (our) solicitors are hopeless to deal with but it looks as if it will eventually come out OK but will be well over a year from the accident by the time its all settled (which included a "cooling off" period to make sure the physio has done the job).
SOOOOOOH slow a business, though.
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I was sitting stationary at a red light 5 years ago, in my 10 day old new car, when someone ran into the back of me.
My insurance company paid their claim, as they were a disabled driver, and the insurance company said it wouldn't look good if they were to take her to court.
Unbelievable.
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I trust this wasn't recorded as a blame-claim on your insurance record? If so you should have sued your insurers.
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Not really anything to do with blame.
Did you have an accident which cost your insurance company money which they did not recover; other than those losses covered by the knock for knock agreement which may be regarded as recovered or not covered (the influencer normally being whether or not you recovered your unisured losses).
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Sorry this is getting a bit off-message T-Bod
As I mentioned earlier, I have had two accidents, liability for which was accepted by the other party. However, when it came to renewal time this year my premium had gone up by an eye-watering 44% (from costly to very costly). When I phoned the company to ask why it had risen so steeply, they told me that there had been a lot of claims for my particular marque (Mitsubishi FTO). I may be paranoid but I suspect that my claim has risen because I have had two accidents, even though they were not my fault.
Anyone have a view on this?
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