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  • FIRST POST
    • muz3562
    • By muz3562 2nd Oct 17, 4:50 PM
    • 27Posts
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    muz3562
    Insurance indicating they will accept liability , I dont agree
    • #1
    • 2nd Oct 17, 4:50 PM
    Insurance indicating they will accept liability , I dont agree 2nd Oct 17 at 4:50 PM
    Hi there just need a little help here when dealing with my insurance company .

    Had a small ding in a car park yesterday afternoon . I was pulling out to turn left inside a car park and another car has come speeding round a blind bend cutting across the corner and scraped along the front of my car .

    Light scrape on his car . And a small scuff to the bottom of my front bumper . Im not interested in claiming or repairing my damage , ive got a few stone chips on the other side of the bumper that are worse than this .

    Exchanged details with the other driver at the time he just claimed he would take it through the insurance because it was not his fault but he has this morning informed me that he is going to go to the garage and get a quote for a touch up , he has indicated he doesn't want to claim off insurance anymore .

    Because he is being cagey about claiming off my insurance I thought it best to inform them so I rang them up and informed them that I had this incident , I didnt wish to make a claim and that I was just infoming them in case a claim did come through . A few minutes after getting off the phone I got an email which said among other things

    "We have reviewed the circumstances of the incident carefully and
    unfortunately, we believe we will have to accept responsibility for it."

    Now I dont for one minute accept any responsibility for this accident .I was emerging from a left turn when the 3rd party come speeding round the corner cutting said corner then scraping along the front of my car . I slammed on and stopped as soon as I saw him he was the one who carried on and caused damage to his car . Thus confirmed by the fact that most of the damage to the front of my car was tyre rubber that has rubbed off my paintwork with a cloth .

    Ive got a witness who was present in my car . And the 3rd party has a witness who was present in his car so if it does go to insurance and they do claim that it was my fault I could do with an insurance company with a bit of backbone to argue my corner , not just roll over and admit liability .

    But what I find laughable is the fact that the insurance have decided this without reviewing any evidence or knowing anything about the location the accident happened .

    How can I get them to actually do their job properly and fight for their policyholders interests ?
Page 1
    • dunstonh
    • By dunstonh 2nd Oct 17, 5:22 PM
    • 89,852 Posts
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    dunstonh
    • #2
    • 2nd Oct 17, 5:22 PM
    • #2
    • 2nd Oct 17, 5:22 PM
    Accepting responsibility doesn't necessarily mean 100% you. It's more likely that it's 50/50.

    But what I find laughable is the fact that the insurance have decided this without reviewing any evidence or knowing anything about the location the accident happened .
    And what evidence have you given them that is not verbal or unprovable? - e.g. did you have dashcam?
    How can I get them to actually do their job properly and fight for their policyholders interests ?
    Based on what you have said, this has 50/50 written all over it. In which case, they are doing their job.
    • muz3562
    • By muz3562 2nd Oct 17, 5:42 PM
    • 27 Posts
    • 10 Thanks
    muz3562
    • #3
    • 2nd Oct 17, 5:42 PM
    • #3
    • 2nd Oct 17, 5:42 PM
    Accepting responsibility doesn't necessarily mean 100% you. It's more likely that it's 50/50.



    And what evidence have you given them that is not verbal or unprovable? - e.g. did you have dashcam?


    Based on what you have said, this has 50/50 written all over it. In which case, they are doing their job.
    Originally posted by dunstonh
    Thanks , I just thought because they said they would have to accept responsibility that it would only be me accepting liability for it all . Why dont they say some responsibility , for the layman it would make more sense to suggest that

    Whilst still not ideal everyone I have spoken to about it has said that its likely the insurance will settle it 50-50 and ive come to terms with this .

    Based on experience working in a bodyshop for a main dealer the damage on his car is £600-£800 at main dealer costs . So what would the cost of this be looking at on top of that ? A days car hire for him ? and then claim handling costs . Is it likely to cost another £1000 on top ?
    • Quentin
    • By Quentin 2nd Oct 17, 5:56 PM
    • 33,044 Posts
    • 17,007 Thanks
    Quentin
    • #4
    • 2nd Oct 17, 5:56 PM
    • #4
    • 2nd Oct 17, 5:56 PM
    You won't be paying anything whatever it costs. Your insurer will be paying your share of the liability to the third party


    You will get 50% of your excess back if you do claim for your repairs (assuming it ends up 50/50),and will all be considered as one claim as far as your NCD is concerned


    The future impact on your premiums will be the same whether it's 50/50 or 100% your fault
    • muz3562
    • By muz3562 2nd Oct 17, 11:15 PM
    • 27 Posts
    • 10 Thanks
    muz3562
    • #5
    • 2nd Oct 17, 11:15 PM
    • #5
    • 2nd Oct 17, 11:15 PM
    Ive spoken to my insurer now to query accepting liability and they actually intended to totally accept all liability because they mistakenly thought I was turning left out of a car park onto the road and quoted that when emerging from a junction you have a greater duty of care to check for oncoming traffic as per highway code .

    The accident actually happened totally inside of the car park and was in my view caused by the third party cutting across a corner right next to the junction I was emerging from . They have now indicated they will try and argue liability but I was told that I should manage my expectations and not be surprised if the other insurer wont accept total liability . As I earlier said not that its totally fair but ive accepted that it should go 50-50

    You won't be paying anything whatever it costs. Your insurer will be paying your share of the liability to the third party


    You will get 50% of your excess back if you do claim for your repairs (assuming it ends up 50/50),and will all be considered as one claim as far as your NCD is concerned


    The future impact on your premiums will be the same whether it's 50/50 or 100% your fault
    Originally posted by Quentin
    Yeah I know that it wont be me paying out , I just meant in general thats the amount that its likely its going to cost the insurers to sort out based on a £600-£800 dealer repair cost

    Im not claiming for my damage the damage at the site of the accident on my car is actually not visible compared to a rather large stone chip the other side of the front bumper so the way I see it is its going to cost me half my excess to get an already worn bumper replaced when i could fix it with half an afternoon and a touch up kit .
    • csgohan4
    • By csgohan4 3rd Oct 17, 7:53 AM
    • 3,882 Posts
    • 2,411 Thanks
    csgohan4
    • #6
    • 3rd Oct 17, 7:53 AM
    • #6
    • 3rd Oct 17, 7:53 AM
    dashcam is very important now a days, they cost less than 80 quid now a days. Could save you a packet and whole load of stress
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • Quentin
    • By Quentin 3rd Oct 17, 8:58 AM
    • 33,044 Posts
    • 17,007 Thanks
    Quentin
    • #7
    • 3rd Oct 17, 8:58 AM
    • #7
    • 3rd Oct 17, 8:58 AM
    .....They have now indicated they will try and argue liability but I was told that I should manage my expectations and not be surprised if the other insurer wont accept total liability . As I earlier said not that its totally fair but ive accepted that it should go 50-50..... .
    Originally posted by muz3562
    As previously mentioned if you accept 50/50 then it has the same ":detrimental" affect on your NCD/future premiums etc as if you are deemed fully liable (except for you being able to get 50,% of your uninsured losses reimbursed by the other side)

    So don't make it too easy for them to go for 50/50.

    Insist you were innocent!!
    • Samsung_Note2
    • By Samsung_Note2 4th Oct 17, 12:01 PM
    • 94 Posts
    • 26 Thanks
    Samsung_Note2
    • #8
    • 4th Oct 17, 12:01 PM
    • #8
    • 4th Oct 17, 12:01 PM
    Sadly innocent or not you will face a hike in premium.

    I kid you not..my wife was hit on a roundabout,the third party entered after she was established (established being the key here) and basically plowed into the side of her,wrote her car off leaving her stranded whilst he drove off.
    He only stopped after her flashing and blaring the horn.
    The guy was 89 yrs old..entered in the left lane taking the third exit (no really he did lol) and said in his statement that he hadn't seen anyone as he approached as he hadn't looked..wasn't aware of the other car until he felt a slight grazing of wings (love that description) and wasn't aware of any damage.

    Just to clarify..my wife's car was a Mk2 Galaxy 7 seater...hit so hard it snapped drive shaft crushed wing and pushed her about 20 odd feet coming to a rest on the round about.

    Guess what...it was her fault as she failed to give way to him...since when have we given way to cars approaching from the left...lol

    Amazing how being part of a group of people can see you walk free from a 100% proven act of Dangerous driving.
    • dunstonh
    • By dunstonh 4th Oct 17, 12:08 PM
    • 89,852 Posts
    • 55,456 Thanks
    dunstonh
    • #9
    • 4th Oct 17, 12:08 PM
    • #9
    • 4th Oct 17, 12:08 PM
    Guess what...it was her fault as she failed to give way to him...since when have we given way to cars approaching from the left...lol
    Most roundabout accidents are classed as 50/50.

    from a 100% proven act of Dangerous driving.
    If the other driver was prosecuted for dangerous driving as you suggest, then that should have been taken into account in the decision.
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