had a crash today :(

bikingbarney

just another update...................

my insurance are still having problems getting any info from the other chaps insurance however, the solicitors dealing with my wifes injury claim have managed to get his of his statement of events and his drawing clearly shows that he was intending to carry on round the island and not take the a38 north as he should of from the lane he was in!
i have contacted my insurance and they seem quite keen to get hold of a copy of this and said it will help in the claim against him
fingers crossed.
cheers
steve

DaveMacD

Glad to hear that at least something is happening (and kinda quickly for an insurance company).

superpull

Right, ive worked in LR (liability resolution) for RBS for years up until recently when I left for a large credit hire organisation.
Ive worked, with the power of subrogation, for direct line, Churchill, tesco, RBS, Nat west, Devitt and Privilege
Subrogation means that it’s the insurance who decide if you are at fault not yours.

ERAC have given you a like for like as they have done the sums and decided 50% of your hire is better than not hiring at all and getting nothing.
I hated them when I worked for RBS and ill be honest, they have been known to go after individuals for the remaining hire.


The whole case is (as pointed out) almost identical to Grace v Tanner. Which means your 50% negligent for not being aware he was moving into you. (rubbish i know, but in this country case law wins)
Unless you live in Scotland and the sheriff gives permission, if you know a witness they are not technically a witness.

Privilege will try to hold TP fully at fault and then one of 2 things will happen:

Acromas (what Saga are calling themselves now) will not respond (cause they are awful) and privilege will get bored and issue a 14day litigation threat.
After 14 days there will still not be a response and so solicitors will get involved. At this point Acromas will probably pay in full just to get it out the way.
You win
Or, Acromas will baffle everyone and actual put a counter argument in. Almost certainly quoting Grace V tanner.
This is the point your insurance will cave.
You have one hope (and it’s a small one).

Shout as loud as you can:
“Slater Versus Bancroft 1999”

Its another roundabout caselaw. Almost identical but the person in the wrong lane was 100% at fault.
The reason it is not certain and may not work is that this happened on a 4 lane roundabout.

But its worth a crack yeah?

bikingbarney

well i thought i would give an update on this whole bloddy saga!!!

ive been chasing and chasing my insurance over this and they keep saying they are waiting for a reply from saga....

the last letter i had from my insurance was dated march 2010 and not had any since!!

out of the blue i decided to contact the tp insurance to see what the hold up was, they told me that they had been in contact with my insurance and had actually offered a split liability.

so i contacted my insurance again and asked what was going on and when i mentioned what saga had told me they did say they had had an offer of split liability but hadnt reviewed the case since??

he asked me if i was happy with this offer and i said no way, why should i be held partly accountable for something i could do nothing about.

i told him that i was following correct land discipline etc and that i couldn't have hit him unless my car can travel sideways as all the damage is down the side of my car.

as my wife has an injury claim going through due to the accident her solicitor managed to get hold of the tp statement to his insurance.... his drawing of the lane layout is completely different to what is actually there and he has written himself that he intended to carry on round the island and not turn off as he should.


so this whole thing is still ongoing, im getting stressed as my insurance is up for renewal in September which is when i will be 2 months into a month posting to the Falkland islands which will make it very hard to try and talk to someone about the situation.

one thing is for certain... i will never use privilege insurance again!!!

Quentin

You don't need to stay with them just because the claim isn't settled. When taking out new insurance, explain the claim is not resolved, and ensure that if your NCD is subsequently reinstated when liability is settled any new insurer will adjust the premium and give you a refund.

bikingbarney

stil no update on this accident!!

how long does it normally tak an insurance company to deal with a case??

cheers

steve

Dave70

cases vary in time lineso some are uick and others aren't. the main reason it's taking so long is that saga are dragging their heels. keep pestering the people handling your case as they will soon get fed up and start pushing to get it sorted. Quote the other case for them to refer to rather than 50:50 as its always the easiest option for both parties as it saves alot of paper work.

i got knocked off a motorbike and that took a year to sort out mainly as the driver didn't own the car and there was questions on whether he was insured. Finally they paid out. you don't have to stay with the insurance company but you have to notify the new company of the claim in process.

skiddlydiddly

The_Banker wrote: »

Seems to me like you were in a bit of a hurry. You should have stayed in the left hand lane.

You also should have checked your nearside mirror

Be patient not an inpatient.

How is not wanting to get stuck behind someone being in a hurry?Especially when there are 2 lanes at the roundabout which allow 2 cars to exit onto the same road.Its common sense and good driving practice to use the middle lane in cases like this.

We should all use our nearside mirrors more I agree but for all we know the OP did and the other driver hit him afterwards-we cannot watch every angle at all times afterall.If someone cannot even avoid something which is in front of/alongside them then they shouldn't be on the road.

The only way I could see this being the OP's fault is if he/she cut across from the middle lane into the left lane which as the other driver admitted to wanting to come off somewhere further around the roundabout suggests that it was him who hit the OP side on.

bikingbarney

well an update really ..........

as im down the falklands serving for my queen and country i got a rather distressing call from my wife yesterday saying that i had recived court papers in the post as saga are taking me to court and holding me fully responsible for the accident??

i managed to contact my insurance and they sounded so blasse about the whole situation and told me to get my wife to send the papers to them???

what happens now then??

help....

cheers

steve

Strider590

Meh he was in the left hand lane, im assuming he was headed on the A38 South rather than off into Rubery.... He had the wrong lane. The map clearly shows this.