Car Accident - need advice

icehawk1971

I had a car accident with some guy in a company car on the 1st of June 2010. Im upset how Aviva my car insurance company have dealt with this claim, and how long they,ve had to sort this incident out. This guy hit me from behind on my side as I was just turning right after I indicated to go into a farm drive to turn round, which I even didn’t make that far, as this guy was speeding at 50mph or more as he was overtaking me going towards a 70mph speed limit sign which was 20 yards further down the road, and he hit me from behind and from the otherside of the road hitting my car side on dragging my car across the road into the bushes. My wife and disabled son were hit full on and we all were in deep shock, then after the accident, this guy said at the scene it was his fault to myself and my wife, but changed his mind later! . Because I’m third party fire and theft, my vehicle was a total loss, and Lloyds his insurance company came out and took pictures and assessed my damage saying the damage would cost more than the car is worth (£1000) as it was a total wreck. So it's a write off catogre c, but i have no legal aid on my insurance, and now this guy has changed his mind saying it's my fault and Lloyds insurance are bullying me to pay up saying i did a illegal turn and the accident is all my fault. They have sent me 2 final notice letter's saying they are taking me to court if i do not pay up the total amount, and will issue this this against me if my insurance company does not pay up to them, but my aviva car insurance is blaming them. So will they take me to court them to pay up personally, but none of this is my fault and they are bullying me with these letters with interest on top every letter they have sent out. There were no witnesses apart from my wife, and the road i was on was 30mph limit which he was speeding. Because i have no legal im going to lose even tho it was his fault! Justice! There is none!

geri1965_2

You don't consider yourself at fault, which is why Aviva have not paid up. Just send them the correspondence and they will deal with it - you don't have to do anything else.

Proceedings have to be issued in your name but this doesn't mean you have to deal with it, it's what you pay your insurance for.

iamana1ias

icehawk1971 wrote: »

had a car accident with some guy in a company car on the 1st of June 2010. Im upset how Aviva my car insurance company have dealt with this claim, and how long they,ve had to sort this incident out. This guy hit me from behind on my side as I was just turning right after I indicated to go into a farm drive to turn round, which I even didn’t make that far, as this guy was speeding at 50mph or more as he was overtaking me going towards a 70mph speed limit sign which was 20 yards further down the road, and he hit me from behind and from the otherside of the road hitting my car side on dragging my car across the road into the bushes. My wife and disabled son were hit full on and we all were in deep shock, then after the accident, this guy said at the scene it was his fault to myself and my wife, but changed his mind later! . Because I’m third party fire and theft, my vehicle was a total loss, and Lloyds his insurance company came out and took pictures and assessed my damage saying the damage would cost more than the car is worth (£1000) as it was a total wreck. So it's a write off catogre c, but i have no legal aid on my insurance, and now this guy has changed his mind saying it's my fault and Lloyds insurance are bullying me to pay up saying i did a illegal turn and the accident is all my fault. They have sent me 2 final notice letter's saying they are taking me to court if i do not pay up the total amount, and will issue this this against me if my insurance company does not pay up to them, but my aviva car insurance is blaming them. So will they take me to court them to pay up personally, but none of this is my fault and they are bullying me with these letters with interest on top every letter they have sent out. I have sent these on to my insurance.But there were no witnesses apart from my wife, and the road i was on was 30mph limit which he was speeding. Because i have no legal im going to lose even tho it was his fault! Justice! There is none!

You're upset with how Aviva have handled it when you haven't Paid to have the option of them handle it?

Were you whiter than white in your manoeuvre or did you cross a solid white line? How do you know the other driver was doing 50mph? Did you check your mirrors and over your shoulder before starting to turn or was it a last minute decision taken wrongly?

I'm amazed you haven't spoken to a no win no fee company yet. That's exactly what they are for. Mind you, unless they are pretty sure of a win they won't take your case.

iamana1ias

geri1965 wrote: »

You don't consider yourself at fault, which is why Aviva have not paid up. Just send them the correspondence and they will deal with it - you don't have to do anything else.

Proceedings have to be issued in your name but this doesn't mean you have to deal with it, it's what you pay your insurance for.

Not with TPF&T and no legal cover they don't!

geri1965_2

iamana1ias wrote: »

You're upset with how Aviva have handled it when you haven't Paid to have the option of them handle it?

You are completely wrong! Insurers are paid to handle claims when you give them the premium.

geri1965_2

iamana1ias wrote: »

Not with TPF&T and no legal cover they don't!

Yes they do - they are defending the third party claim and the proceedings that may follow.

They will not pursue the OP's claim for damage against the third party as he hasn't paid for legal cover.

alistair.long

It seems you are receiving letters from them demanding you pay for the damage. Your insurance is there to pay any costs you cannot and therefore fight for you. Contact your insurance and forward a copy of the letter your received or email it to them.