Car Insurance - who's the boss, me or them?

The_Cardinal

Hi,

I had a small knock while merging in traffic a month or so ago. There was a small amount of damage to my passenger door where the white van man, who was on his phone, decided, at the last minute, not to let me in. Following the incident he didn't even get out of his van to inspect it. Unfortunately, I cannot prove he was on the phone but the location of the damage surely proves that the van drove into me!

I reported it to my insurance company (Santander/Equity) but have not pursued the claim as it it less than my excess.

I have now received a letter from Equity in which they state that if they receive a claim from the third party they think the best course of action would be to settle it at the lowest cost.

Am I within my rights to instruct the insurance company that they CANNOT settle any claims and that the driver of the van must pursue the claim in court?

Gene_Hunt_2

What do you mean by merging into traffic?

Why do you say the van driver wouldn't let you in, was that because he had right of way?

Sounds like you are at fault and therefore your insurance company are doing the right thing by putting right your wrongs.

Why shouldn't the other driver have his vehicle repaired?

Strider590

If you were ahead and he accelerated up the inside to block you then he was 100% in the wrong and has committed an offence.

The damage to your vehicle will show that the damage was from back to front (wing mirror bent forward etc).

The 2 lane merging situation is one of my biggest gripes, we brits have this stupid "oh lets all queue for 5 miles while the right hand lane is empty" mentality!

hethmar

I would think its unlikely a claim will be made after a month. But as the other guys have said, if it were, you would be deemed in the wrong. You had no right to assume you could squeeze into the line of traffic and, I assume, no witnesses to say that it was the other chaps fault.

Gene_Hunt_2

Strider590 wrote: »

If you were ahead and he accelerated up the inside to block you then he was 100% in the wrong and has committed an offence.

What offence is that then?

dizzybuff

Merging traffic does not have right of way . Grrrr an indication is just that , an indication of what you wish to do .

The_Cardinal

There were two lanes of traffic merging into a single lane at low speed. There are no lane markings as you approach the single lane and traffic merges, one car from the left lane followed by a car from the right lane, etc. This is in the highway code.

The driver of the van left me a gap, as I had left a gap for the car in front of him, then, when I moved into it he drove forward into my passenger door. How is that my fault?

The point of the post is not to aportion blame anyway, I am simply asking whether I have the right to tell an insurance company that they should not consider any claims?

Strider590

Highway code states that this is dangerous driving.

It is also competitive driving and therefore classed as "racing", WHICH carries a punishment of up to 11 points on your licence.

134

You should follow the signs and road markings and get into the lane as directed. In congested road conditions do not change lanes unnecessarily. Merging in turn is recommended but only if safe and appropriate when vehicles are travelling at a very low speed, e.g. when approaching road works or a road traffic incident. It is not recommended at high speed.


168

Being overtaken. If a driver is trying to overtake you, maintain a steady course and speed, slowing down if necessary to let the vehicle pass. Never obstruct drivers who wish to pass. Speeding up or driving unpredictably while someone is overtaking you is dangerous. Drop back to maintain a two-second gap if someone overtakes and pulls into the gap in front of you.

Gene_Hunt_2

Strider590 wrote: »

Highway code states that this is dangerous driving.

It is also competitive driving and therefore classed as "racing", WHICH carries a punishment of up to 11 points on your licence.

Rubbish, the Highway Code is only a guide.

Under the RTA that is neither dangerous driving or racing.

If it was racing then the op is also guilty and both insurance policies would be void.;)

Inactive

Strider590 wrote: »

134

You should follow the signs and road markings and get into the lane as directed. In congested road conditions do not change lanes unnecessarily. Merging in turn is recommended but only if safe and appropriate when vehicles are travelling at a very low speed, e.g. when approaching road works or a road traffic incident. It is not recommended at high speed.


.

There will have been ample warnings that the outside lane was ending, yet some drivers still continue to try to get to the lane closed cones and then barge in, which seems to have happened here.

It is the drivers in the outside lane that are in the wrong, they are changing lanes, they have had ample opportunity to merge safely further back, but of course they are in far too much of a hurry.

Strider590

http://www.iam.org.uk/latest_news/cutthequeuessaysiam.html

Cut the queues, says IAM

Have you ever sat in a queue of traffic, patiently waiting your turn, only to see a car speeding down the outside lane and then “pushing in” ahead of you?

It may be frustrating, and appear more than a little rude, but perhaps that opportunistic driver sailing past you is in fact just making good use of an otherwise empty lane. And by being over-polite and joining the queue you are simply adding to the length of the congestion.

IAM Chief Examiner Peter Rodger said: "Driver etiquette means that ‘zip merging’ can be frowned upon by drivers in long queues of traffic, but if all available lanes are used, right up to the bottleneck, it is perfectly acceptable for vehicles from each lane to take it in turns to merge into the single lane. This reduces the length of road the queue stretches along and prevents blocked junctions.”

“Pinch points” are all too common on our roads, but the advice in the Highway Code on how to “merge in turn” is vague.
Mr Rodger offers this advice: “If you are approaching a long queue of traffic in only one lane, you should stay in the lane you’re in, even if it’s empty, as long as you reduce your speed. Even if you have to merge further down, it is worth using all the space available to avoid unnecessarily long tailbacks.
“When travelling alongside a queue of traffic keep your speed right down and be extra vigilant, as other drivers may be considering pulling out into the empty lane.”