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

xsexkittenx

soolin wrote: »

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

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

ok....
1st- i dont talk about it infront of my child, he is having nightmares therefor how have i dwelled on it?

2nd- if you overtook at a junction then sorry to say but it would be a fail.

JPS29

xsexkittenx wrote: »

a hot spot for this type of incident,........ (i drive this road day in day out and have done for the last 2 yrs) ,....... i dont hang about whilst pulling out.

Taking all the above into account you should have known to excercise more caution than normal at this accident blackspot that you regularly have driven for the last 2 years.............

lisyloo

Getting back to the OPs question.
If the liability is 50/50 (regardless of whether you agree or not) are they not entitled to compensation payments for injuries?

A firend of mine was hit off his motorbike by someone alledgedly going through a red light. This has gone 50/50 (there were 6 witnesses - 2 for, 2 agasint, 2 abstained).
I am sure he is getting compensation for his injuries despite it going 50/50

So assuming it is 50/50 (which appears to be not agrewed yet), then can they claim?

xsexkittenx

The accident hotspot is what the officer said not me, i have never seen one (other than an oap having a heart attack and hitting another car) nor been involved in one until now.

soolin

I have never said im not partly to blame, but under the impression he was going to turn

Never assume anything about another driver, that is one of the first things they now teach new drivers.

lisyloo

Hi xsetkittenx,

You've had a lot of opinions.
It seems to me that you need to contact your legal insurer and ask them to explain to you why they won't pursue your case.
Lots of people here seem to think it's becasue your case isn't very strong.
If they clarify that this is the case then your options are:
1) You could make a formal complaint to your legal insurers. You need to follow their formal complaints procedure.
2) Your other option is to consult a "no win no fee" solicitor. If they will not accept your case then this will also re-inforce that in the opinion of the experts, you have no case.

If I was in your posistion I would pursue both angles partly to satisfy myself completely that I'd done everything I could.
I woudl take the view that I might not win, but for my own conscience I need to do everything possioble for my child and pursuing both of these won't take too much effort.

If you can get someone with better English to help you with the complaint or to write it for you then that would be a good idea.
No, it's not English class, but explaining yourself clearly is important if you want ito increase your chances of success. It's possible you won't be understood properly if the situation is not explained clearly and concisely. You could certainly loose the case over your ability to communicate effectively. So please take that as constructive advice.

(My spelling on this post is probably not perfect, but I would take a great deal more care over a very important complain letter than I would over an internet post) and yes I would get help from a friend/colleague to check it for me.

I have certainly gone aheead with complaints in the past expecting to lose, but also expecting the loss to bring "closure" i.e. I know I did everything possible for my family. Actually I almost always win, but that's not necessarily the main reason for doing it. It's because I feel a responsibility to others and it's the only way to resolve it with some finality.

xsexkittenx

I am better explaining myself over the phone or in person rather than through a post like this, the reason they are reluctant to take the case on is because we are with the same insurer (although we are with different brokers) there is only one solicitor they appoint otherwise they have to spend more money,they have a duty of care to both partys (especialy on a 50/50) and they are not exercising that (this is my whole point) i have spoke to a solicitor who will be taking the case on regardless of whether or not my insurance pay but my whole point of my 1st post is that i have paid my insurance a rediculous amount and they are not doing what is stated in my policy.
My spelling and grammar might not be the best, but what has that got to do with anything? That does not affect how my insurance should be conducting my case.

xsexkittenx

I would also like to point out that my insurance (adrian flux) had been willing to take the case on and sent my details to the legal team who was also willing to take the case on and so sent it to there solicitors, but once they realised that the other party was also with them they could not pursue due to conflict of interest, this is when they decided that they couldn't take the case on. Therefor it is not because they believe i would not be successfull its because they would have to pay more for a solicitor they do not use.

xsexkittenx

soolin wrote: »

Never assume anything about another driver, that is one of the first things they now teach new drivers.

They also teach you not to overtake at a junction.

Quentin

xsexkittenx wrote: »

my whole point of my 1st post is that i have paid my insurance a rediculous amount and they are not doing what is stated in my policy.

If that is the reason why you started the thread, then it has somehow got lost in the discussions!

Your idea of how ridiculous the sum you have paid for legal cover is may be different to others! (Usually it's no more than £25).

As you have discovered, there is no need to pay this extra, as a claim handler will take your case for nothing!