Insurance problems

[James23]

Hi all, I recently had a crash and the insurance are saying I’m at fault but under no sense of any logic can I understand how on earth they’re saying I’m at fault.
They have reviewed my dash cam footage and now contacted the other car insurer and admitted liability even though I explicitly stated that I refuse any liability as he caused the crash.
What action can I take to my insurer and the third party insurer? Am I able to be adamant to my insurance that I did not cause the crash and take the claim to court?
Can anyone recommend a no win / no fee solicitor for this kind of thing? My excess and a baby on the way has absolutely cleared out every penny I had. Thanks.

[des8]

Re: Insurance problems

Hi

Once you make a claim, you subrogate all your rights regarding settlement to your insurers (there's a clause in your policy)
This means they can settle or dispute the matter as they see fit.
If they have decided not to dispute the account of the other party and to admit liability, even if only for commercial reasons, there is little you can do other than argue with them.
Have you gone down their official complaints avenue or tried their CEO?

Alternatively you could try to withdraw your claim.
The third party insurers (now they have an admission of liability from your insurers) will sue you and join your insurers to the action.
If you then lose your insurers will have to pay the claim and court costs, and will then undoubtedly pursue you for reimbursement.
If there is a personal accident claim this could prove very expensive

To be honest, you pay for insurance and one of the benefits is that the insurers take over the handling of the claim and relieve you of the stress.
You may think they are wrong, but they have a lot of experience and you should take care before going down that route.

Can't comment on the strength of your case as we don't know the circumstances either from your view or the other party

[James23]

Re: Insurance problems

Hi thanks for getting back to me, here is my dash cam footage https://drive.google.com/open?id=0B6...DZ3bV9FbWhtOGc I don’t understand how they are saying I’m at fault when the other guy swerved infront of me and his actions caused the crash. Almost everybody I have showed the footage to agreed with me, except my partners dad says it should be split liability with 75-25% in my favour.
They wont tell me what the other party is claiming for.
Yes but by them putting me at liability I lose my no claims, this literally makes it imposssible for me to insure the car on renewal and having a baby due soon I’m going’s to need the car more than ever.

[des8]

Re: Insurance problems

Ok, watched dash cam.

the argument will be that due to the road at the lights being dual lane, and he being on the outside. as the lanes merge he would have right of way.
You should have slowed (or not accelerated as quickly as you did) to allow him passage, especially as his nose was in front..
And finally you hit him, not the other way round !

I'm not taking sides, just pointing out how it will be regarded by insurers.
It is not worth their while fighting it.

Regarding your loss of bonus, as soon as you make a claim (even if non fault) you run the risk of losing your bonus.
Even if you don't make a claim you have to advise your insurers of the accident, and that alone can cause your premiums to rise.

[James23]

Re: Insurance problems

The lanes don’t merge, his lane joins behind the bus to go To the roundabout and my lane goes left for the second slip road not even joining the roundabout.
No I appreciate your point of view.. but I suppose since the lanes on the road aren’t painted you’re right. Best option is to turn up at his house and give him a proper injury to claim for then.

[wales01man]

Re: Insurance problems

No doubt you threat is not serious Des takes a different view to you he may be right this one is down to experience ,As it appears you speed up the insurer may take the view you were wrong.
If any driver on here hasn't speed up in this situation I ould doubt them

[James23]

Re: Insurance problems

No the threats not serious, I’ve a baby due New Year’s Eve so not screwing her life up for her.
I sped up as my left lane was clear to go round to the left and follow onto the slip road and wasn’t expecting some prick to cut me up from being in the wrong lane.