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

xsexkittenx

yes but its not in writing as such, neither of us have lost our ncb, when i spoke to his insurance company and they asked me about injurys i told them i had them and what was wrong with my child but i said i didn't want to claim i just wanted my car back on the road, since they paid out he put the claim in and my child is still having nightmares (3weeks after) i spoke to my insurance and told them i was not prepared to take full responsibility like the audi driver wants which is why i need the legal cover, in my insurance documents it states that if the driver was commiting a criminal offence (which driving without due care and attention is) then they would not take such case on, but because he is trying to say he was driving correctly on his side of the road they have (they don't have witness statements as of yet as its only just been opened)

anewman

cajef wrote: »

In that case you should not pull out of a minor road in front of someone that has the right of way, whether he was signalling or not is irrelevant he was on the major road and you should have waited until your were sure the way was clear before emerging.

I agree. Sometimes you do aggravate other road users when being cautious about things like that, but **** them :j

custardy

anewman wrote: »

I agree. Sometimes you do aggravate other road users when being cautious about things like that, but **** them :j

exactly,like at our local supermarket
when you come out you can only turn right as its a bus lane on the left
however every now and then some !!!! shoots striaght over,so if you pull striaght out its a risk

dacouch

Careless Driving is not a criminal offence

kai666

xsexkittenx wrote: »

yes but its not in writing as such, neither of us have lost our ncb, when i spoke to his insurance company and they asked me about injurys i told them i had them and what was wrong with my child but i said i didn't want to claim i just wanted my car back on the road, since they paid out he put the claim in and my child is still having nightmares (3weeks after) i spoke to my insurance and told them i was not prepared to take full responsibility like the audi driver wants which is why i need the legal cover, in my insurance documents it states that if the driver was commiting a criminal offence (which driving without due care and attention is) then they would not take such case on, but because he is trying to say he was driving correctly on his side of the road they have (they don't have witness statements as of yet as its only just been opened)

Any chance of a full stop or two?

cajef

xsexkittenx wrote: »

and whilst overtaking at a junction is not illegal it is driving without due care and attention,

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,

Since when has overtaking a vehicle that is turning left if the road ahead is clear been driving without due care and attention.

As you hit his wheel arch you drove into the side of him the other vehicle could hardly avoid you, so you obviously did not have time, most people sit at a junction and wait till it is safe especially when there are other vehicles approaching.

Agreed with your last point, however in this case it was not safe to emerge as there was another vehicle behind the one turning left.

razer12121

dunstonh, are you an aldi owner?

You know im sure you would get failed if you overtook on your driving test....at least my driving instructor says that, hm.........

xsexkittenx

overtaking might not be a criminal offence but driving without due care and attention is and overtaking at a junction is doing just that, and no my car was stationary when the guy hit mine he did not see me as he carried on pulling back in.

soolin

razer12121 wrote: »

dunstonh, are you an aldi owner?

You know im sure you would get failed if you overtook on your driving test....at least my driving instructor says that, hm.........

Fail a test for overtaking? Hmmmm, I think not.

I'm not sure where the supermarket Aldi comes into it either.

OP, just one question, why do you think some sort of money compensation will in anyway help your child? My youngest was in my last but one car when it was written off, he was just a lad at the time and never had any ill effects from it but we talked about it and didn't dwell on it (other driver admitted full liability). Only last month he was out in our brand new car (he was 17 at the time) and someone hit him so hard that he was forced into a wall and again a brand new car was written off..being sensible about it has meant he has coped with the aftermath of it all quite well.Again the other driver has accepted full responsibility and their insurance company even appointed a third party to handle any claim for compensation due to injury that my son had, but he refused to claim for a couple of small bruises and hurt pride.

Children are much more resilient than we give them credit for it is sometimes us oldies that dwell on it all and worry.

xsexkittenx

Just so you are clear......on the day in question a police officer stopped at the scene after the other guy had gone (he was passing by) he saw my car and knew instantly what had happened as he actualy knows what hes doing/looking at,also its apparently a hot spot for this type of incident, the fact is if the guy had not indicated and overtook then i would have had time to get across (i drive this road day in day out and have done for the last 2 yrs) even if i had been going left he would have hit me. my whole point is that my insurance are not doing there job! they took the p*** when it came to even viewing my car even though they knew i needed it as i am a carer, my policy states i can have a hire car once mine is being repaired, but they disputed the repairers they instructed. His insurance obviously deem him to partly be at fault otherwise they would not have paid out! I have never said im not partly to blame, but under the impression he was going to turn also being a car length away from the 4x4 i went, i dont hang about whilst pulling out so i would have had enough time.