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

dunstonh

do you have children? have they experienced this type of thing before at the age of 6yrs old?

Yes. My wife's car was hit on a junction where a car pulled out and caught her side swinging her car around 180 degrees. The children were in the back. They reacted like most do. Brushed it off and then couldn't wait to tell me they had been in an accident.

i no he has had other accidents the same as this as he was bragging about them at the scene along with the fact that he had overturned a lorry.

Has absolutely nothing to do with your accident though.

an audi a6 estate is a hell of alot bigger than my car and it was his wheel arch trim that messed my car up

It doesnt matter if it was three times longer or half the size. Also, he didnt mess up your car. You did by putting it in the way of his.

it might not look like a big bang to you but it is to me as my car is my pride and joy i don't spend the money and make it look good for some idiot to mess it up

Look, everything that you have said suggests that you pulled out when the road was not clear to do so. He may have been driving a bit aggressively in overtaking a car that was turning off but he does have the right to do that. You were entering from a road that requires you to give way to the traffic that is already on that road. You didnt do that.

as for the phone business i am not saying he was on the phone im saying its a possibility as he was extremely apologetic,(there was no hands free kit in sight).

His apologetic manner has nothing to do with the phone. You also said he was bragging about other accidents. That doesnt sound like someone apologetic.

For reference, Audi do a handset holder that is placed on the dashboard to allow the phone to be powered up whilst driving and it integrates it into the in car audio system to allow hands free use.

am i in an english class? no, so what has that got to do with anything?

It makes it easier for people to follow your posts if you can spell. Normally you wouldnt comment on it but your frequent use of "no" instead of "know" was getting in the way. The two words have very different meanings. Having been made aware of the incorrect spelling I notice that you still are using "no".

On any written format when you are asking for opinion people will look at what you say and look at the credability of it. We were not there. We do not know what happened. We are going on your side of the story only. The other driver will have their side of things and chances are neither story will be correct to what really happened.

However, based on what you say it comes across that you were at fault and are getting a bit hysterical about it trying to find loopholes that can possibly put the blame on the other party. That's without knowing the other side's story. How you present the information is just as important as what happened.

picasso2

I think you are lucky they want to go 50/50.

Iwas hit by a car that came through a red light , I have been told I cannot prove their light was red ( no independant witnesses) and therefore it could be said the accident was entirely my fault and I am waiting to see what the solicitors decide. I'm not pushing it as I was so badly shocked by being hit when I thought it was perfectly safe that I am now having therapy. (NHS). I don't want to go to court as it will make me ill.

Just be grateful it wasn't worse, no lives have been lost.

JPS29

lisyloo wrote: »

Can you clarify what it is that you now want?

I'm just trying to understand what it is you think you should be entitled to that you aren't getting.

My bet is a good whipcash payment, plus compensation for pain suffering and emotional distress to her and her child:cool:

lisyloo

Can someone just explain to me how that works in a 50/50 accident?
Can you still claim for injuries or do you only get 50% as it was 50% your fault? or do you get 100%?
Does each insurer pay for their own or do each pay the the other, or do they pay 50/50 of the total?
For the sake of argument let's assume fully comp cover.

jamesd

xsexkittenx, I'm sorry to read that you risked your son's life and injured him through your imprudent driving. Your legal cover isn't of value because you'll lose 100% instead of 50% if this goes to court. There's no benefit to you or the insurer from paying legal bills to increase the loss.

Walk away and be relieved that this time whiplash and nightmares for your son are the big bills, not a funeral for him.

You might consider trying a defensive driving course that may help you to avoid future problems like this.

xsexkittenx

it was clear! the audi was a cars length away from the 4x4 at least i waited until the 4x4 started to turn and went, i no that if it had just been a case of pulling out infront of him then it would be completely my fault but if he hadn't of overtook at the junction then the whole thing would not have occured! his insurance must have thought the same as they paid out for my car.
and whilst overtaking at a junction is not illegal it is driving without due care and attention, but the police do not get involved now unless someone is seriously injured, if i hadn't of thought i had enough time i would not have gone, and yes you should wait until it is clear and safe to do so but how many people sit at a junction until there are no cars in sight? its the real world if you have a chance to get safely across you do so, most people don't tend to overtake at a junction nor one thats near a school.

custardy

sorry but you are wrong
regardless of ther Audis actions it made a legal maneuver
you moved into the road where he had right of way
regardless of how you spin it and add rights and wrongs you are at fault

xsexkittenx

money doesn't bother me, my son's health and my car does, the whole point of this is that i have paid my insurance and they have not done there job, so far they have had £1000 and now i actualy need them they don't seem to want to do anything!
i am fully comp and so is he as far as i am aware, there are independant witness's who saw what happend and i am not prepared to take 100% blame when he signaled and overtook.

xsexkittenx

if i am completely wrong why has his insurance paid out? i havn't had to pay a penny and they are not just going to pay out for the fun of it.

custardy

you got 50/50 yes?