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Fri 4 Jun 2010 11:00

Land Rover Discovery 3 - Spurious Accident Insurance Claim - staff

My son was driving my Discovery in the dark and the rain, and turning right, when a young driver heading towards him lost control and slid into the front of our Disco. Disco was stationary at moment of impact. Damage to Disco: nil, damage to other car : plenty. My son called Police who breathalised both drivers (clear) and left.

The Insurers for other driver now making a claim against us, and our Insurers' solicitors are asking us to sign a form agreeing to them settling the case "on best terms available" - ie they are ready to cave in, because there were no witnesses ( my son's military passenger doesn't count apparently).

This is clearly most unfair, but I wonder if it is how the system works, or whether we can fight for justice and fair play ?

What worries me is that we end up with a claim against our policy making it hard to get insurance in future.

Your advice gratefully received

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Fri 4 Jun 2010 11:27

Land Rover Discovery 3 - Spurious Accident Insurance Claim - dieseldogg

Erm,

Spurious claim??

Your son was turning right across the path of the other vehicle which did its best to get stopped. It may depend to some extent on what speed the other vehicle was doing? But can that be ascertained? I would have thought that the right turning vehicle was generally at fault. So the soliciters and insurers are correct in their interpetation.

So how is this a spurious claim??

cheers

Edited by dieseldogg on 04/06/2010 at 11:29

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Fri 4 Jun 2010 11:44

Land Rover Discovery 3 - Spurious Accident Insurance Claim - bathtub tom

What country did this happen in and on what side of the road do they drive?

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Fri 4 Jun 2010 12:21

Land Rover Discovery 3 - Spurious Accident Insurance Claim - staff

What country did this happen in and on what side of the road do they drive?

It happened in Wales.

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Fri 4 Jun 2010 12:48

Land Rover Discovery 3 - Spurious Accident Insurance Claim - LucyBC

Assuming the other vehicle had right of way - ie that your son was turning right into a side road crossing the oncoming traffic - then the chances are it was was a fault claim - ie your son was 100% responsible.

This would not be the case if your son was waiting to turn right and had not crossed the white line (or centre of the road) and the other car skidded into him. Then the other driver would be 100% liable.

If he was across the white line and stopped - well ahead of the time that the impact occurred - then you might be able to argue split liability but we would need full details before we could comment further.

If I have missed something can you explain why you think the other party might be deemed to be wholly at fault?

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Fri 4 Jun 2010 18:14

Land Rover Discovery 3 - Spurious Accident Insurance Claim - staff

Assuming the other vehicle had right of way - ie that your son was turning right into a side road crossing the oncoming traffic - then the chances are it was was a fault claim - ie your son was 100% responsible.

This would not be the case if your son was waiting to turn right and had not crossed the white line (or centre of the road) and the other car skidded into him. Then the other driver would be 100% liable.

If he was across the white line and stopped - well ahead of the time that the impact occurred - then you might be able to argue split liability but we would need full details before we could comment further.

If I have missed something can you explain why you think the other party might be deemed to be wholly at fault?

Thanks - this is helpful. The other (young) driver clearly wasn't in proper control of his car bearing in mind the road conditions - after dark and raining - my son was waiting to turn right , and the young man probably thought my son would turn, because he braked and slid. My son, however, had not started to turn and remained stationary - our car was hit on the front bumper and suffered no damage. There were no independent witnesses (but my son had a passenger ) and the other party are claiming 100% fault down to my son. This incident happened last December in Wales !

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Fri 4 Jun 2010 18:37

Land Rover Discovery 3 - Spurious Accident Insurance Claim - LucyBC

Then it depends on the final position of the vehicles - see my post above. The relative points of impact might also offer some evidence as to the circumstances in which the collision occurred.

Impact on the right side of your front bumper strengthens your case. Impact on the left side of your front bumper weakens it - but does not guarantee you will lose.

The passenger is a valid witness. Their evidence counts below that of a fully independent witness but still counts. The attending police officers might be your best independent witnesses if they recall the incident.

Can you outline whether anybody was injured in the accident as that considerably raises the stakes.

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Sun 6 Jun 2010 08:22

Land Rover Discovery 3 - Spurious Accident Insurance Claim - Peter D

Was your son on his side of the road/white line. Was there a turn filter lane or what. As has been asked where was the point of contact. Regards Peter

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Wed 9 Jun 2010 21:52

Land Rover Discovery 3 - Spurious Accident Insurance Claim - staff

Then it depends on the final position of the vehicles - see my post above. The relative points of impact might also offer some evidence as to the circumstances in which the collision occurred.

Impact on the right side of your front bumper strengthens your case. Impact on the left side of your front bumper weakens it - but does not guarantee you will lose.

The passenger is a valid witness. Their evidence counts below that of a fully independent witness but still counts. The attending police officers might be your best independent witnesses if they recall the incident.

Can you outline whether anybody was injured in the accident as that considerably raises the stakes.

No - there's no injury claim, but the other side are claiming nearly £2,000 damage repair and "loss of use" for an old banger which can't be worth much more than £800 (generous) and they say is worth £1750 ( an 11 year old Vx Corsa with plenty of miles). For some reason the attending Police decided not to prosecute the young lad for Carless Driving ; if asked are they likely to say why ? Apparently my Insurers have offered 50/50 (without my consent as Policyholder) but it was rejected, so will now go to court as they are demanding 100%.

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Wed 9 Jun 2010 22:48

Land Rover Discovery 3 - Spurious Accident Insurance Claim - LucyBC

The value of the damaged car is what it is - so the insurance assessment will either be based on the cost of repairs or the replacement value of the vehicle - which ever is less.

In terms of the loss of use the normal charge is £10-£15 a day but this is only payable if you are found to be liable.

You seem to be skirting the liability issue. In most of the circumstances you outlined regarding the accident the person driving your vehicle would be 100% responsible. I have outlined the circumstances where this would not be the case but you do not seem to address these. If your driver was 100% responsible then there are clearly no grounds for a careless driving prosecution.

It may be though that you are not detailing the circumstances well and there may be grounds for a non-fault claim or split liability.

Please provide information as requested before regarding the circumstances of the accident in order that we might be able to assist you further.

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