Disagree with Norwich Union vehicle claim

cripo

Hi all, I have a problem and I was wondering if anybody had any advice. I have an ongoing claim with Norwich union where my vehicle was involved in an accident and they are saying it is a 50 /50 split as the 3rd party is lying and saying that I crashed into him.
I understand that they are making their decision based on a commercial basis but I'm left feeling really hard done by. Norwich Union is the same insurance company for both parties.

A brief case study is that I was on a country road and I saw a 35-tone 18-wheel crane vehicle coming towards me so I pulled over onto the grass verge and completely stopped my vehicle. He came around the corner and clipped the back on my vehicle and ripped the back off it. He did not stop and I found him 1/2 a mile down the road on the phone to his boss saying he should have had an escort. Our vehicle was repaired at great cost, his really didn't have any damage as it was a solid steel front. The claim went on and Norwich Union sent out 2 different assessors to interview each of us and they have said that as both sides are saying they were not at fault that the only thing they could do is 50 /50. I have complained loads, I have written to the chief executives office and even though I know they agree with me there is nothing that they can do, I have asked for one assessor to interview both of us and I will accept the outcome, no joy. I have spoken to the ombudsman and they cannot get involved in commercial decisions.

I am now at a loss, some people say take them to court but that sounds really complicated as I can only take them to court for the uninsured losses. My main thing here is principle, I really do NOT want to go down the court route as Norwich Union will then pay to defend the 3rd party and then it could get really expensive.

I just want to force Norwich Union to get out one assessor to interview both of us, I just want justice.

Any help or ideas would be greatly appreciated.

Thanks in advance for any help.

dacouch

If the other driver was with another Insurer exactly the same outcome would probably have come about as the other driver would have lied and going on the circumstances of the claim both companies would agree it is 50/50.

If you take it to court a based on the limited evidence the court would probably say it was 50/50.

To try and help reduce the chances of this happening, if you have an accident take pictures of both vehicles, the driver, any passengers, the road markings / signs, where the vehicles ended up and any skid marks. This can help (There are no gurantees) win the claim but you have to remember they will go on any evidence they have and in the end will make a commercial decision.

If you can find other evidence it might help your case, but by the sounds of it this will go down as a 50/50

mrcow

How could he have clipped the back of you if you'd crashed into him?

Surely your insurer can see it's not possible?

cripo

Thanks for the prompt reply, I kinda know the 50/50 is probably the outcome but I just wanted to see if anybody had any ideas. Thanks!

Any more views greatly appreciated!!

cripo

mrcow you are 100% correct and I have brought this point to their attention with no luck!!, This has been going on for 8 months and I have written so many letters and explained this but Norwich Union will not change anything. I certainly will not ever except their verdict but I just want justice.

raskazz

mrcow wrote: »

How could he have clipped the back of you if you'd crashed into him?

Surely your insurer can see it's not possible?

The insurer aren't saying that the OP 'crashed into him' though - they are judging that on the evidence available each party was equally at fault.

It is entirely possible in theory and practice - if two cars scrape each other on a narrow lane, in the absence of compelling evidence either way, its sensible to assume that each driver was equally at fault for not leaving enough room.

Quentin

cripo wrote: »

I just want to force Norwich Union to get out one assessor to interview both of us, I just want justice.

With no witnesses you cannot get the "justice" you want.

If the third party posted their side here it would sound equally convincing.

You say "some people" say go to court. Those people cannot know how the county court works. If you took it to court wanting 100% liability from the third party in the absence of any witness you would lose as the judge see it as your word against the others.

Frustrating, but probably time to move on.

cripo

Thanks for all your replies!! You've all got good advice, I just wish I could find a way to get Norwich Union to do the right thing. I feel that if I could get the driver in court he would lie to cover his boss.

What happens when I just don't agree with their outcome??

It is entirely possible in theory and practice - if two cars scrape each other on a narrow lane, in the absence of compelling evidence either way, its sensible to assume that each driver was equally at fault for not leaving enough room.

If only it was 2 cars, he was in a 18 wheel 35 tonne crane vehicle!!

Oscar_The_Grouch

If you are adamant that you are in the right and the other party was in the wrong, you have 2 options:

1. Accept NU's stance and walk away
2. Take the matter to court yourself.

NU have nothing to lose by you taking the matter to court, so you should be able to get them to agree to you issuing on the other side. Here is what you do to go with Option 2:

a. Write to NU asking for their permission to take the matter to court. Advise them that you will meet your own legal costs, but would like their confirmation that they will indemnify you should the case go against you.

b. Ask NU for a complete copy of the claim file, together with a copy of the photographs that would have been taken by the repairing garage prior to the repairs. Tell them you are making the request under the Data Protection Act and that as legal proceedings are to be issued, Section 35 of the Act allows them to release all information to assist in the matter. Send them a cheque for £10 to cover the costs of providing the data.

c. Speak to the Citizens Advice Bureau and ask them if they have any solicitors in the area that will give you a free 30 minute consultation.

d. look at this website: http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm It gives you information on court proceedings.

e. fill out this form on line and print it (you cannot save the completed form) http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

f. make the appointment to see the solicitor and leave a copy of the completed form from e above and say that is what you want to discuss.

g. When you are in with the solicitor, ask him to make sure you have completed everything correctly and ask how much he would charge to look at the NU case file and give you an opinion of your chances. If you agree the fee, pay him. This could be cheaper than taking the matter further if he thinks you have no chance. If he thinks you have a good case, he may be willing to take the matter on with a "no win no fee" agreement.

h. Provided you are still happy to proceed, go to the court with your cheque book and pay the court fee to have the claim form issued on the other party.

i. Wait for a court date, but if you have not received anything within 3 weeks, go back to the court and tell them you want to apply to have a judgement made in your favour because of the lack of response.

j. If you get a court hearing, you will need to present all your papers to the court beforehand as evidence.

If you get stuck at any point, see if you have a legal expenses cover elsewhere (home insurance or something - I have cover through one of the professional bodies I am member of, so it's worth seeing if your work arranges anything too) as this usually comes with a free legal helpline.

Sorry for the long post, but I hope it helps.

Quentin

A very detailed helpful response. But there are some inacuracies.

You don't just await a hearing date. Should you wish to proceed to a hearing on receipt of a defence, then you need to pay a further court fee for the hearing to take place, and you can request judgement by default (if the defendant has not replied to the summons) after just 14 days from the date of service of the summons. Should a hearing take place then you must supply copies of all documents you intend to use prior to the hearing to the defendant as well as the court. You retain the originals and only need to take them to court for the actual hearing.

If you decide to go down this route, then it is easier and cheaper to use money claim online.

This cuts out the need for attending court to pay your court fees, the summons issue fee is cheaper, all the paperwork is done on-line (and you can print off copies), and there is no need to attend court to request judgement should the defendant fail to reply to the summons.

Oscar_The_Grouch

Thanks Quentin. Just goes to show how long it is since I issued any court papers!!