Car Insurers forcing me to settle my claim, what can i do?

sk76

Unfortunately I have been sent a final response letter from insurers still detailing they wish to settle 50/50 both parties at fault.
So I have had no other option than to complain to the ombudsman and am awaiting the reply.
Regarding travel receipts I have some bus tickets and I have always used the same taxi firm so know that they would be willing to give a statement regarding how frequently I use them each week (I mostly get the same cab driver who listens to me complaining about my insurers)

Unfortunately no cctv on that stretch of road...am assuming because its oneway traffic not many crashes would occur.
As for the posts regarding the speed of the lorry...its not that he were travelling at speed just that he was not paying attention to what was in front of him/alongside him.

Anyway, many thanx for all who took time to give me hints/tips but I have sent my complaint to the ombudsman now so hope he agrees with me rather than the stupid insurers;)

Road_Hog

sk76 wrote: »

I do not wish to do this as dont want to lose my NC and asked to go to court as have legal cover.
My insurers refused this as their outlay is too small (my car only worth £500),

Is this a case of having legal cover through your insurers being worthless, because they don't want to use it. They're happy to take the additional premium each year, but don't actually want to get involved in using it.

Perhaps it would be better to leave this off the insurance and see if you can buy it freestanding?

I also might be thinking that I would demand all premiums for this refunded, as they are not providing the service that they have charged for. And I'd take them to the small claims court if they refused, but then I'd consider taking them to the small claims court for the whole amount (making sure that you claim is reasonable & necessary expenses). I'd want to check on an experienced site like Pepipoo, to find out what my realistic chances would be first.

cheshirestu

I think one possible way is to approach an no win no fee lawyer like these guys [croftonsinjuryclaims.co.uk] and at least ask them to look at your case. If they (or whoever) takes it on then you should be able to tell the insurance you are not settling. I don't think they will cover your legal costs but if you get it on no win no fee it won't matter anyway.

sk76

Thnx cheshire stu, but I had already asked a friend who used to work for such a 'no win no fee' organisation and he advised me against it simply because he said even if they did win, then after taking into account their deductions (not too sure what they were), I would be left with not alot. So didnt take it any further.

liam8282

sk76 wrote: »

Thnx cheshire stu, but I had already asked a friend who used to work for such a 'no win no fee' organisation and he advised me against it simply because he said even if they did win, then after taking into account their deductions (not too sure what they were), I would be left with not alot. So didnt take it any further.

But if you did win, that not a lot would be more than accepting liability even 50/50 when it apparently wasn't your fault, and losing your no claims.

vax2002

Your insurance is going to rise liability or no liability, you collided with a huge truck, most wait whilst they have gone past.

Wig

sk76 wrote: »

Unfortunately no cctv on that stretch of road...am assuming because its oneway traffic not many crashes would occur.
As for the posts regarding the speed of the lorry...its not that he were travelling at speed just that he was not paying attention to what was in front of him/alongside him.

Speed is an issue because the lorry driver is saying you pulled out infront of him. If your car was damaged at a STOP line that means he was approaching a STOP line so he should have been going no more than 5mph if you take his story as gospel he hit the front of your car at a STOP line How did he manage to do that? given that he was travelling at 5 mph?

Also you should have thought about damage to the lorry, from what I gather the lorry turned across you to the left and the left hand side of the lorry crunched the front right hand corner of your car.

If the lorry had damage marks all down the left hand side that prooves he was lying that the accident was not a simple little bump which occured because you collided at the stop line. That would proove that the lorry drove into you and drove across your front end as he went through the STOP line.

vax2002 wrote: »

Your insurance is going to rise liability or no liability, you collided with a huge truck, most wait whilst they have gone past.

It's a 12 foot lorry, hardly huge truck, and if the OP saw the truck in the rear view at a sufficient distance and the OP was 6 feet from a STOP line, what's wrong in pulling out to the STOP line, the truck is already going to be slowing down for the stop line. It would have been a perfectly safe manouvre, providing the distance was sufficient and OP says it was.

The lorry driver sees red and obstinately drives along side the car at the STOP line even though there was not enough room and then drives across the front of the car because he didn't turn properly.

sk76

Wig,

That is exactly as it happened. The lorry driver must have seen me pull out and get to the stop line first but then turned into me!
Its as if he was trying to bump me off the road. But my Ka was no match for his lorry:(