As it was a ****e day ...........
30 May 2014, 07:48 PM
#32
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30 May 2014, 08:16 PM
#33
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I would contact your insurance by registered post and email to inform them that if the situation is not resolved within 14 days you will be getting a claims solicitor and the ombudsman involved
ask the police for hard copies of the conflicting statements too
good luck
ask the police for hard copies of the conflicting statements too
good luck
30 May 2014, 08:41 PM
#34
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It's crazy
He can't spk English but yet can read it ( IE road signs ) etc
Doubt the Old Bill will take action as there was no damage to state property ( private claims they won't even attend a accident most of the time unless you say there has been damage to the roadside etc , then it's in there Bible .. They have to attend ...
Anyway back to your claim
Have you protected your claims , because even though your insurance may settle or go knock 4 knock it will go down on your future policy as a claim with no resolve to blame .
& that my friend , weather protected or not
Is a strike on your record
.... I do hope I'm wrong , but iv seen it many time before
He can't spk English but yet can read it ( IE road signs ) etc
Doubt the Old Bill will take action as there was no damage to state property ( private claims they won't even attend a accident most of the time unless you say there has been damage to the roadside etc , then it's in there Bible .. They have to attend ...
Anyway back to your claim
Have you protected your claims , because even though your insurance may settle or go knock 4 knock it will go down on your future policy as a claim with no resolve to blame .
& that my friend , weather protected or not
Is a strike on your record
.... I do hope I'm wrong , but iv seen it many time before
30 May 2014, 09:14 PM
#36
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Have you protected your claims , because even though your insurance may settle or go knock 4 knock it will go down on your future policy as a claim with no resolve to blame .
& that my friend , weather protected or not
Is a strike on your record
.... I do hope I'm wrong , but iv seen it many time before
& that my friend , weather protected or not
Is a strike on your record
.... I do hope I'm wrong , but iv seen it many time before
I will fight this all the way and will not accept knock for knock.
Every person I have spoken with has said it cannot be my fault including numerous employees of the insurance company. And all the calls are recorded, I am reminded each time.
I will happily go to court on this one
Will update if I hear any more.
30 May 2014, 09:18 PM
#37
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I can't stand this from both Police and insurance company. It's a disgrace. I find it disgusting that people can get away with it.
I've PM'd you, I might be able to give you some pointers.
I've PM'd you, I might be able to give you some pointers.
30 May 2014, 09:45 PM
#38
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A solicitor wont be interested as there was no Personal Injury. And if an injury claim suddenly appears 3 months after the fact, then the fraud team will be alerted, so don't try that. (Of course, if you were genuinely injured, then you should have told your insurer by now and they most likely would have appointed a solicitor to act for you anyway.) (edit: they may act on your behalf to recover your policy excess, but usually they would have been appointed by your insurer to do that, and as you are both with the same one, I doubt that will happen.)
The police will only be interested for "leaving the scene of an accident" if it can be proved. As it cant, and there was no injury, they wont be interested.
The Ombudsman wont be interested until you've been through the official complaints procedure for your insurer. If you contact them, the FOS, they should tell you follow the complaints procedure first.
The damage to your cars can probably be used to prove that he side-swiped you, and by the other guy to "prove" you clipped the rear of his car. From an insurance point of view they have to go with can be proved. It's a real ****ter, tbh. Were there any witnesses? Did anyone stop?
As both of you are insured with the same company the delay shouldn't be communicating with anyone but the other guy, the third party. If he wont answer the phone and takes ages the answer letters that's the delay.
Can I ask who your insurer is? If you are ok with naming them? And I will understand if you don't want to at this time.
(I work for an insurance company arguing liability claims, so have a good perspective on how things should go, but every company will work differently.)
The police will only be interested for "leaving the scene of an accident" if it can be proved. As it cant, and there was no injury, they wont be interested.
The Ombudsman wont be interested until you've been through the official complaints procedure for your insurer. If you contact them, the FOS, they should tell you follow the complaints procedure first.
The damage to your cars can probably be used to prove that he side-swiped you, and by the other guy to "prove" you clipped the rear of his car. From an insurance point of view they have to go with can be proved. It's a real ****ter, tbh. Were there any witnesses? Did anyone stop?
As both of you are insured with the same company the delay shouldn't be communicating with anyone but the other guy, the third party. If he wont answer the phone and takes ages the answer letters that's the delay.
Can I ask who your insurer is? If you are ok with naming them? And I will understand if you don't want to at this time.
(I work for an insurance company arguing liability claims, so have a good perspective on how things should go, but every company will work differently.)
Last edited by Lunchmoney; 30 May 2014 at 09:48 PM.
30 May 2014, 09:53 PM
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[QUOTE=Lunchmoney;11439858]A solicitor wont be interested as there was no Personal Injury. And if an injury claim suddenly appears 3 months after the fact, then the fraud team will be alerted, so don't try that. (Of course, if you were genuinely injured, then you should have told your insurer by now and they most likely would have appointed a solicitor to act for you anyway.) (edit: they may act on your behalf to recover your policy excess, but usually they would have been appointed by your insurer to do that, and as you are both with the same one, I doubt that will happen.)
The police will only be interested for "leaving the scene of an accident" if it can be proved. As it cant, and there was no injury, they wont be interested.
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surely the other driver admitting that there was an accident but that the op was to blame is proof of an accident ? ie both parties agree there was an accident
The police will only be interested for "leaving the scene of an accident" if it can be proved. As it cant, and there was no injury, they wont be interested.
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surely the other driver admitting that there was an accident but that the op was to blame is proof of an accident ? ie both parties agree there was an accident
30 May 2014, 09:55 PM
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30 May 2014, 10:02 PM
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aah yes im with you - guess in that case it would come down to who first contacted police and the insurance regarding the matter . even then as you say its a grey area - friend of mine just accepted a non fault knock for knock and it was just the drawn out aggro of it all that that made him accept eventually
30 May 2014, 10:05 PM
#42
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Good luck.
My old 3dr sierra was rear ended hard at a roundabout by a pair of pikeys in a transit connect.
**** knows how the thing was still running as the front of it was left on the road after they drove off, including the the number plate.
Cops had them in for questioning and then of course done nothing at all.
Took 10 months to get an insurance payout, and 3 years for the personal injury to be settled.
That was with hic who are the biggest bunch or useless ***** i have ever had the displeasure of dealing with. Will not use them or adrian flux again.
My old 3dr sierra was rear ended hard at a roundabout by a pair of pikeys in a transit connect.
**** knows how the thing was still running as the front of it was left on the road after they drove off, including the the number plate.
Cops had them in for questioning and then of course done nothing at all.
Took 10 months to get an insurance payout, and 3 years for the personal injury to be settled.
That was with hic who are the biggest bunch or useless ***** i have ever had the displeasure of dealing with. Will not use them or adrian flux again.
30 May 2014, 10:07 PM
#43
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A solicitor wont be interested as there was no Personal Injury. And if an injury claim suddenly appears 3 months after the fact, then the fraud team will be alerted, so don't try that. (Of course, if you were genuinely injured, then you should have told your insurer by now and they most likely would have appointed a solicitor to act for you anyway.) (edit: they may act on your behalf to recover your policy excess, but usually they would have been appointed by your insurer to do that, and as you are both with the same one, I doubt that will happen.)
The police will only be interested for "leaving the scene of an accident" if it can be proved. As it cant, and there was no injury, they wont be interested.
The Ombudsman wont be interested until you've been through the official complaints procedure for your insurer. If you contact them, the FOS, they should tell you follow the complaints procedure first.
The damage to your cars can probably be used to prove that he side-swiped you, and by the other guy to "prove" you clipped the rear of his car. From an insurance point of view they have to go with can be proved. It's a real ****ter, tbh. Were there any witnesses? Did anyone stop?
As both of you are insured with the same company the delay shouldn't be communicating with anyone but the other guy, the third party. If he wont answer the phone and takes ages the answer letters that's the delay.
Can I ask who your insurer is? If you are ok with naming them? And I will understand if you don't want to at this time.
(I work for an insurance company arguing liability claims, so have a good perspective on how things should go, but every company will work differently.)
The police will only be interested for "leaving the scene of an accident" if it can be proved. As it cant, and there was no injury, they wont be interested.
The Ombudsman wont be interested until you've been through the official complaints procedure for your insurer. If you contact them, the FOS, they should tell you follow the complaints procedure first.
The damage to your cars can probably be used to prove that he side-swiped you, and by the other guy to "prove" you clipped the rear of his car. From an insurance point of view they have to go with can be proved. It's a real ****ter, tbh. Were there any witnesses? Did anyone stop?
As both of you are insured with the same company the delay shouldn't be communicating with anyone but the other guy, the third party. If he wont answer the phone and takes ages the answer letters that's the delay.
Can I ask who your insurer is? If you are ok with naming them? And I will understand if you don't want to at this time.
(I work for an insurance company arguing liability claims, so have a good perspective on how things should go, but every company will work differently.)
It appears to me that insurance company are not fulfilling various implied terms within its contract with Mr Sparrow. I'd say it's likely they are in breach of contract. Consequently, I'd say Mr Sparrow has a direct cause of action against the insurer.
30 May 2014, 10:22 PM
#44
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As you work in the insurance industry I'm sure that you are aware that an insurance policy is a contract, legally binding on the insurer and insured.
It appears to me that insurance company are not fulfilling various implied terms within its contract with Mr Sparrow. I'd say it's likely they are in breach of contract. Consequently, I'd say Mr Sparrow has a direct cause of action against the insurer.
It appears to me that insurance company are not fulfilling various implied terms within its contract with Mr Sparrow. I'd say it's likely they are in breach of contract. Consequently, I'd say Mr Sparrow has a direct cause of action against the insurer.
However as they are still arguing liability they haven't given up yet.
Here on this forum we only have one side of events, and probably not every fact that is available to the insurer. I'm not saying I don't believe the OP, but the handler working for the third party is also in a position where he can't disbelieve them either. It's a very hard job and someone is not going to get what they want.
30 May 2014, 10:22 PM
#45
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I have to deal with ***** like this every day in London traffic & is precisely the reason I'm have a 2 camera recordable DVR system installed in my van.
Well worth getting front & rear dashcams fitted in your car these days as these type of incidents are becoming more common.
Well worth getting front & rear dashcams fitted in your car these days as these type of incidents are becoming more common.
30 May 2014, 10:37 PM
#46
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Indeed. But without reading the policy document there is no way to tell if they are in breach of anything. The insurer may have added a certain clause, for example, one that allows them to make liability decisions without the policyholder's consent and/or cooperation, which stops any "direct action against the insurer". We just don't know.
However as they are still arguing liability they haven't given up yet.
Here on this forum we only have one side of events, and probably not every fact that is available to the insurer. I'm not saying I don't believe the OP, but the handler working for the third party is also in a position where he can't disbelieve them either. It's a very hard job and someone is not going to get what they want.
However as they are still arguing liability they haven't given up yet.
Here on this forum we only have one side of events, and probably not every fact that is available to the insurer. I'm not saying I don't believe the OP, but the handler working for the third party is also in a position where he can't disbelieve them either. It's a very hard job and someone is not going to get what they want.
There's a term to try and cover everything in insurance polices, unfortunately for them, there's legislation against the use of unfair terms in consumer contracts. A contractual term which ultimately makes it nigh on impossible for the insurance company to pay out is unfair and unenforceable.
I should point out that I am a lawyer.
31 May 2014, 10:45 AM
#47
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It sound like there's no way of winning this. Might be better to drop it and move on.
I had a 50/50 claim a while back when a lad on a scooter hit me, he was only about 20 he soon dropped it when I instructed my insurers to inform him how it would hike his insurance. No major damage to my car but very frustrating when you know you are not at fault.
I had a 50/50 claim a while back when a lad on a scooter hit me, he was only about 20 he soon dropped it when I instructed my insurers to inform him how it would hike his insurance. No major damage to my car but very frustrating when you know you are not at fault.
01 June 2014, 10:25 AM
#48
I probably have a near miss every day driving through the back lanes of Cornwall, safe in the knowledge that everything in front of me is recorded on this...
http://www.hobbymounts.co.uk/shop/Fu...sor-LCD-Screen
Only a couple of days ago I clipped wing mirrors with a van coming the other way who didn't stop. Got back to the office, played the video and got the reg number, the company he drove for and their telephone number.
http://www.hobbymounts.co.uk/shop/Fu...sor-LCD-Screen
Only a couple of days ago I clipped wing mirrors with a van coming the other way who didn't stop. Got back to the office, played the video and got the reg number, the company he drove for and their telephone number.
01 August 2014, 02:03 PM
#49
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**Update**
Well the saga is coming to a close 
the internal battle in the insurance company gained momentum whe I set an ultimatum date tha I would have the car fixed myself and persue the costs back through small claims
So far I have had the following from the other drivers insurance over a number of call
It was my fault
then He claimed he was not involved in an accident
next he stated a different lovation for the collision
following week state a 2 different location.
Last we said he was aware of me but made no effrt to avoid the collision
At this point I'm asking how the hell can anything he says be believed and how can it me my fault.
5 months on and still no resoloution so I requested an official complaint be raised. and off to court we go....
this week my insurance company have taken a decision.....
They have waived my exess, no affect on my NCB (although it's protected) The car can be booked in for repair.
they will continue to dispute intenally, but for me its all over and down as a no fault claim.....
at bloody last....
the internal battle in the insurance company gained momentum whe I set an ultimatum date tha I would have the car fixed myself and persue the costs back through small claims
So far I have had the following from the other drivers insurance over a number of call
It was my fault
then He claimed he was not involved in an accident
next he stated a different lovation for the collision
following week state a 2 different location.
Last we said he was aware of me but made no effrt to avoid the collision
At this point I'm asking how the hell can anything he says be believed and how can it me my fault.
5 months on and still no resoloution so I requested an official complaint be raised. and off to court we go....
this week my insurance company have taken a decision.....
They have waived my exess, no affect on my NCB (although it's protected) The car can be booked in for repair.
they will continue to dispute intenally, but for me its all over and down as a no fault claim.....
at bloody last....
Last edited by Cpt Jack Sparrow; 01 August 2014 at 02:05 PM.
01 August 2014, 03:01 PM
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18 August 2014, 10:28 PM
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UPDATE
Got a letter in the post from Bedfordshire Constabulary..
To notify me they are intending to prosecute the other driver and he has had a court summons of 19th September....
Must be more to this that I thought, no witnesses and my statement alone surely would not bring a prosecution
If he pleads not guilty I'm off to court
CJS
24 August 2014, 12:23 AM
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Case now passed to the internal fraud investigation team.
Seems all 7 in the other car now have injuries to claim for
Oh the joy of this
Seems all 7 in the other car now have injuries to claim for
Oh the joy of this
27 August 2014, 08:34 AM
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So first the good news, the car goes in to be fixed on 17th sept. Ironically it will be in the body shop whilst the 3rd party is in court over the accident.....
Now the fraud.. and not an update to the above 7 claims.
My case handler rang me friday asking had I instructed a claims firm to act on my belhalf for the injuries I susstained
They have recieved a mandate I have signed... apparently instructing them.. I have now sent through a copy of my signature for them to verify I did not sign anything!!!!
This is starting to get silly now, no wonder insurance premiums are on the up due to false claims, people probably dont even know claims are being made for their accident and the companied are pocketing the money.....
Updates when they come, stay tuned.....
Last edited by Cpt Jack Sparrow; 27 August 2014 at 08:36 AM.