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Help! Insurers wont support my claim

I have insurance with direct line. I had an accident where the third part undertook me when I was turning left into place of work. there are no witnesses. The third party said i was indicating right and therefore assumed it was safe to pass on the inside. But i was turning left and indicating left. The third party said i moved to the centre of the road to make the turn.

Direct line said i should accept 50/50 but i dont want to, and they have now over ruled me and have said that they will accept 50/50 for their own benefit and therefore I cant go to court. this means i lose my no claims and yet i believe i did nothing wrong. They said the judge would award 50/50.

Any one been in this situation and can give me some advice or legal guidance?
The best work is the cheapest as the quality remains long after the price is forgotten

Comments

  • Wig
    Wig Posts: 14,139 Forumite
    You don't have to accept their offer, you can withdraw the claim and go after the other party directly.

    However from the sounds of it, sounds strange that you were turning left and had left enough room on your inside for this prat to undertake you. How many lanes are there? A photograph would be good. Host it at imageshack.com.

    At the end of the day you should have observed FULLY before doing your manouvre, life's a !!!!! sometimes. Legal cover might help you, but it's something I don't bother with because they are next to useless.

    You don't neccessarily lose all your no claims, you could lose none or 2 years. Depends on your policy.
  • Its your insurers decision whether you lose your NCB, if you complain enough they may pay 50% of the claim and still allow full NCB. The evidence does seem to be against you though......the onus is on you to make sure it's safe before making a manouvre.

    Mr T
  • Thanks for the replies i really appreciate what you have said, It was not me! it was our secretary at work and she was upset so tried to help out, which is why i posted as the offended party hope you dont mind! Your advice is spot on and having thought about it you are correct in suggesting that there should not have been room for the other person to undertake so its a case of having to face the consequences.

    best wishes

    DD
    The best work is the cheapest as the quality remains long after the price is forgotten
  • There are only certain circumstances where undertaking is acceptable, it would be worth her while investigating what they were, indicators are not infallible and should never be considered as an absolute intention of an action. If you enter a main road because an oncoming car has indicated it is safe to do so either by flashing you or indicating that it is leaving that main road, and you cause an accident it will still be your fault.
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