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had a crash today :(

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  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    starting to get fed up now as i feel my insurance company is giving up already

    That's what they want. Don't let them push you into accepting 50/50 if you don't feel it's right. If it becomes necessary let them (your own insurer) know you are prepared to make an application to court (for determination of liability).

    Insurers are used to throwing their weight around but once you mention court (instead of the incredibly slow ombudsman) they'll usually pull their socks up and stop acting like clowns. When I had an issue with Natwest it was resolved within the same week I threatened to file court proceedings against them without further reference to them.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Crabman wrote: »
    Strange response regarding the courtesy car. It was your insurer who issued you a car from Enterprise wasn't it? Then Enterprise spoke with the other party's insurer who supposedly agreed to pay for a like-for-like?

    What have you had to sign for the car? Whatever documentation you have been given, check it over very carefully in case someone at Enterprise has got a credit hire company involved.

    Enterprise are a Credit Hire Company (They do it in house), the OP has probably signed a crediut agreement which makes him responsible for the costs if Enterprise cannot recover them from the other party
  • gsmmad
    gsmmad Posts: 416 Forumite
    dacouch, i use to think the same. However its like a no win no fee system. They evaluate if they there is a chance of loosing or winning and go from there. If they feel your at fault for the accident, they will not give you a car as they cannot recover costs. They will only hire a vehicle if they are confident they will get paid.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Gsmmad, Are you talking about Enterprise or Credit Hire Companies in general. If your talking about Credit Hire companies in general then I don't think you fully realise the basic principle of Credit Hire
  • Now I did not say they were witnesses. I said they gave their account of the accident, for instance, "as we started to exit the roundabout there was a bang and a car hit my door. My leg hurt etc etc, went to doc etc etc. This just gives the insurance company your vehicles occupants accounts in their words as they were involved in the accident.

    ""Whatever witnesses may say, the people involved in the accident should make their own written accounts of what happened, including making sketches and taking photographs as soon as possible and keeping their original notes"". (As taken from a consumer advice guide)
    In spite of the cost of living, it’s still popular :eek:
  • just a quick update.
    i contacted the repair center today to see how thing are progressing.

    they have told me that the repair has been authorized and the car needs a new wing,passenger door re skin,sill and various plastic trim parts.

    still not been contacted by his or my insurance for a statement but have sent in pictures to an email address i was given by my insurer.

    oh and if it goes 50/50 and i lose my no claim discount my insurance is going to double.

    i know i should of protected them but i was trying to cut costs a bit (hindsight eh!!)

    so that will be 9 years no claims gone for someone lying through their teeth !!

    great.
  • iamana1ias
    iamana1ias Posts: 3,777 Forumite
    You'll not lose all of your no claims. You should be left with at least 3 years.
    I was born too late, into a world that doesn't care
    Oh I wish I was a punk rocker with flowers in my hair
  • gsmmad
    gsmmad Posts: 416 Forumite
    just a quick update.
    i contacted the repair center today to see how thing are progressing.

    they have told me that the repair has been authorized and the car needs a new wing,passenger door re skin,sill and various plastic trim parts.

    still not been contacted by his or my insurance for a statement but have sent in pictures to an email address i was given by my insurer.

    oh and if it goes 50/50 and i lose my no claim discount my insurance is going to double.

    i know i should of protected them but i was trying to cut costs a bit (hindsight eh!!)

    so that will be 9 years no claims gone for someone lying through their teeth !!

    great.


    Dont worry! You will only loose 2 years NCB if you have non protected NCB. If its protected then you wont loose any but you loose the protection. In the same year if you have a further crash then you loose 2. You have 9, most insurance company's don't recognize more than 5. So your totally fine in that department.

    However as you have had a crash and it was 50:50 then you will become are more risky driver which will increase your premiums. Assuming that you are at least 27 with 7 years NCB with one crash....i highly doubt this will effect your insurance much....One of my mates wrote off 3 parked cars, his 22 and its 100% his fault. His insurance only went up by £100. He had no NCB's to start with and he pays about 1.3k annually.

    I did state in my replys, that roundabouts are very very very hard places to determine fault. You are 100% not at fault but like i said if the person sticks to lying then you are in trouble. I know of a crash where driver A slams brakes because driver B slows down a lot at a round about. Driver C smashes into driver driver A. Driver C smashes to the rear but tries to avoid it so gets drivers side rear. So its clear that driver A is at no fault.

    However this went to 50:50. Driver C accused driver A of going into his lane and that's how the crash occurs. After 2 months of negotiations it was clear that there was no evidence to support driver C's side of events but at the same time there was no evidence of driver A's version of events. So 50:50 it went. To make sure that there is a clear version of events its best to find witness's, which is very hard at a roundabout. Also ALLWAYS call the police! they do a incident report which can work out in your favor.
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    gsmmad wrote: »
    Dont worry! You will only loose 2 years NCB if you have non protected NCB. If its protected then you wont loose any but you loose the protection. In the same year if you have a further crash then you loose 2. You have 9, most insurance company's don't recognize more than 5. So your totally fine in that department.

    However as you have had a crash and it was 50:50 then you will become are more risky driver which will increase your premiums. Assuming that you are at least 27 with 7 years NCB with one crash....i highly doubt this will effect your insurance much....One of my mates wrote off 3 parked cars, his 22 and its 100% his fault. His insurance only went up by £100. He had no NCB's to start with and he pays about 1.3k annually.

    I did state in my replys, that roundabouts are very very very hard places to determine fault. You are 100% not at fault but like i said if the person sticks to lying then you are in trouble. I know of a crash where driver A slams brakes because driver B slows down a lot at a round about. Driver C smashes into driver driver A. Driver C smashes to the rear but tries to avoid it so gets drivers side rear. So its clear that driver A is at no fault.

    However this went to 50:50. Driver C accused driver A of going into his lane and that's how the crash occurs. After 2 months of negotiations it was clear that there was no evidence to support driver C's side of events but at the same time there was no evidence of driver A's version of events. So 50:50 it went. To make sure that there is a clear version of events its best to find witness's, which is very hard at a roundabout. Also ALLWAYS call the police! they do a incident report which can work out in your favor.

    Not sure if thats correct, if you have PNCD you are likely to be able to make typically 3 claims in 2 years before protection is lost. Also with PNCD your premium will increase in line with the claims and NCD will be lost when you switch companies, which effectively ties you in for a good few years.
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • Sponge
    Sponge Posts: 834 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 8 January 2010 at 11:00AM
    hothothot wrote: »
    The left hand lane only allows the vehicle in the left lane to take the first exit, NOT to continue on the roundabout.

    The middle lane allows the option of taking the first exit in its right hand lane, or to continue along the roundabout.

    The other driver was in the wrong to attempt merging out of the left hand lane, perhaps he realised at the last minute that he was going the wrong way, and rather than doing the correct thing (continue the wrong way, and turn around at the next r/bout) he decided to barge his way back onto the roundabout, not realising that bikingbarney wasnt staying on the r/bout but was instead taking the same exit. but in the right hand lane. Cant see how this can be barney's fault whatsoever.

    For what it's worth, I totally agree with this assessment. The way I see it, this is no different to somebody in the left hand land of a dual lane carriage way pulling from their (left) lane into the right (overtaking) lane without checking to see if it is clear and slamming into the side of another car.

    You were in your lane, effectively going straight ahead. The guy to your left cut into you, crossing lanes.

    Unfortunately, I don't think the insurance companies will see it this way and will probably settle on some shared responsibility basis. :mad:
    ..The best solution with a ditherer like this is to make a smart exit so you clear the danger area before they have a chance to involve you in their mess.

    I got the impression this was what the OP was trying to do. Doh!
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