help needed! my car insurance wont let me use my legal cover

xsexkittenx

Hia all,
i was involved in an accident on 1/02/2010, i was at a t junction wanting to turn right it was clear to my left but there was a 4x4 with an audi a6 behind both signaling to turn left (into the road i was coming out of) as the 4x4 approached and started to turn i went to pull out, the next thing i no is the audi has overtook the rear of the 4x4! i saw him and stopped my car but he was completely unaware of me and so continued pulling into his side of the road and so hit the front of my car, i ended up stalling my car as i got jurked backwards but i quickly got out and flagged him down as it looked asthough he was going to carry on. The man eventualy stopped and so i asked him why he indicated but then overtook to which he replied "if indicated im sorry" he also said he didint realise we had collideded,there was a witness behind me who didnt see him indicate as he wasnt looking at him (he was looking at me) but he said he did see him on the otherside,there is also a lad who saw him indicate and overtake, anyway my problem is this.....my insurance took far to long to even come out and see my car after they disputed there repairers extimate and after 1.1/2wks i rang his who paid out that day in a cash in lue basis now he is trying to put a claim in for whiplash lol even though he didnt even realise he hit me! he is also trying to say he was driving correctly, i have since found out the witness that was behind me lives in the same street, iv got whiplash and my 6yr old son is having night terrors and has to see a councillor,although we are with different insurance companies somehow we have the same and because he had put a claim in my insurance will not provided me with a solicitor nor will they pay for 1 i choose even though i have legal protection, i am really stuck as iv never had to deal with this kind of thing and i dont seem to be getting anywhere please shed some light on all of this for me please!
cheers kat.

lisyloo

It could be that you can only use your legal cover in conjunction with a motor claim (and you went direct rather than using your insurance).
You either need to read your policy booklet to confirm, or ask your legal cover people why they won't provide legal cover.

Quentin

It will be a condition of your legal cover that it is only provided if there is a good chance you will win.

It may be that after reviewing all the circumstances it is their view you won't win.

If you think you do have a good case, then you could contact a claim handler and see if they will take you on.

TighterThanTwoCoatsOfPain

xsexkittenx wrote: »

...although we are with different insurance companies somehow we have the same and because he had put a claim in my insurance will not provided me with a solicitor nor will they pay for 1 i choose even though i have legal protection,....

Could this be the key bit?

Its garbled, but i'm interpretting it as you both being insured through different companies (perhaps Brokers), but ultimately the same Parent Company or something like that?

In that case, i can hardly see them using the Legal cover to fight themselves into paying out..

Just an idea!

dacouch

I think it is more to do with Quentin's advice, the legal cover will normally only accept cases with a more than 50% chance of success.

Pulling out of a minor junction because a car indicates and then does not turn is generally the person on the minor junctions fault.

From the highway code

146: Take extra care at junctions. You should

not assume, when waiting at a junction, that a vehicle coming from the right and signalling left will actually turn. Wait and make sure

http://www.highway-code.com/146-159_Road_junctions.html

86: You should also

watch out for signals given by other road users and proceed only when you are satisfied that it is safe
be aware that an indicator on another vehicle may not have been cancelled.

xsexkittenx

hia, yes we are both with brokers but ultimately the same company,in my policy it doesn't state anywhere i have to use there solicitors but it does state they will not take a case on if the driver was driving without due care and attention as he was ( whether or not they have looked into it i don't no) i no that in any normal situation it would have been my fault, but he was a cars length behind the 4x4 who hadn't even finished turning when the guy hit my car! i only went because i would of had enough time to pass before the other car got to the junction well that is if he hadn't overtook, from the damage on my car you can clearly see that i hadn't just pulled out infront of him as he is trying to claim, the damage on my car starts just befor my front number plate and as he has carried on driving and come back into the lane hes took the whole passenger side of my bumper and smashed my bonnet, i have got a solicitor who will take my case on but its a no win no fee and i dont see why i should have to go through them when i have legal protection and iv'e already paid my insurance £1000! (my car is modified)
kat.

dunstonh

it does state they will not take a case on if the driver was driving without due care and attention as he was

You entered the road and were hit by a car that was already on that road. So, almost certainly it is you that was at fault.

i no that in any normal situation it would have been my fault, but he was a cars length behind the 4x4 who hadn't even finished turning when the guy hit my car!

Doesnt matter. He had right of way and you didnt.

JPS29

xsexkittenx wrote: »

he also said he didint realise we had collideded,
now he is trying to put a claim in for whiplash lol even though he didnt even realise he hit me!

iv got whiplash and my 6yr old son is having night terrors and has to see a councillor,shed some light on all of this for me please!
cheers kat.

Can I just get this right, The collision was so slight that the other party didn't even feel it, further more backed up by your shock that he is claiming whipcash from a bump he never felt, yet your 6 year old child has night terrorss and needs to see a counsellor???

Are your childs symtpoms arising from the same slight collision?

cajef

JPS29 wrote: »

Can I just get this right, The collision was so slight that the other party didn't even feel it, further more backed up by your shock that he is claiming whipcash from a bump he never felt, yet your 6 year old child has night terrorss and needs to see a counsellor???

Are your childs symtpoms arising from the same slight collision?

Agreed, does seem rather odd when you also consider these quotes

xsexkittenx wrote: »

i got jurked backwards

the damage on my car starts just befor my front number plate and as he has carried on driving and come back into the lane hes took the whole passenger side of my bumper and smashed my bonnet,

Something does not ring true, they are saying he did not realise he had hit them yet had done all that damage to the vehicle without feeling or knowing anything.

lisyloo

Something does not ring true, they are saying he did not realise he had hit them yet had done all that damage to the vehicle without feeling or knowing anything.

Ever heard of shock?
People behave in funny ways when experiencing shock.
Sometimes they don't feel pain because of Adrenalin.

I had a friend who had his leg smashed up but he still tried to get up and his leg was only save by someone lying on top of him, preventing him from moving.

You can NOT take someones actions after the event as indicative of what happened or their injuries.

They won't be able to just "invent" the damage done to their car
It will be checked by an assessor.

I find it slightly amusing (well it's not funny really) how the OP thinks everything on the other persons side is fantasy, yet they are suffering terribly from the same accident.

xsexkittenx

ok lets get one thing clear.....my car is a r reg escort he was driving a audi a6 (alot bigger than mine!) there was no damage on his car yet mine has cost £950 for repairs through car body which is who my insurance told me to get a quote from as they are insurance approved repairers, i have spoke to a solicitor and it would be classed as a 50/50, but what i didn't no was one of the witness's saw the guys phone in his dash where his speedo is, possibly on the phone? i don't no all i no is the guy has had 2 other accidents the same as this one bit strange i think. it was a big collision for my car as mine is older and smaller then his and he hit my car and sent me backwards, yes my child has got to see a councillor as he is having night terrors and panicking when in a car.