Car insurance claim, in dispute...how?!

Dontknowanymore

Hi
About a month ago I had a minor car accident, see my previous thread if need be.

To cut a long story short, the other party tried turning left into a road as I was basically on top of him, resulting in me driving straight into the passenger side of his car.
He had been stationary, indicating right the whole time I was driving along the road so why he pulled accross the road right at the last minute is beyond me.
Well his reason was that he was waving 2 pedestrians accross the road that he was waiting to turn down (not the road I was driving on)
Spoke to my insurers who have received a witness statement which I think basically says what happened, he was stationary, waved them accross the road then turned into it and I had no time to stop.

BUT he is not admitting liability, which doesnt surprise me as he knocked on my door to ask me to forget about it an hour after it happened! Trying to get any info from my insurers is like getting blood out of a stone, all I keep being told is it's a waitin game.

I was just after some advice really as to what reason this man could get away with disputing liability, I mean surely he's in the wrong my default?!
I have drawn 2 diagrams, one just before and one just after so illustrate what happened, the front of my car had some damage and the passenger side door of his car was smashed in, I would of thought based on the car damage, my version of events and the witness he's got no right to dispute?
I'm so angry because if it goes down as split liability my premiums will go up to almost £100 a month! :eek:


Anyway, here is the before pic, excuse the rubbishness of it!


then this is the after pic

InsideInsurance

This is presumably the location: http://www.google.co.uk/maps?q=Freshbrook+Road,+Lancing&hl=en&ll=50.827484,-0.319674&spn=0.001291,0.002411&sll=51.553851,-1.830205&sspn=0.002542,0.004823&vpsrc=6&hnear=Freshbrook+Rd,+Lancing+BN15+8,+United+Kingdom&t=m&z=19&layer=c&cbll=50.827511,-0.319509&panoid=n9ORIuFvzP6t8GISoFKbgQ&cbp=12,260.22,,0,-5.21 ?

Based on your diagram (always good to add road markings) he has turned into a side road, crossing your path and failed to give way to oncoming traffic. Based purely on your version of events he would be 100% liable.

Until you hear what his version of events are and his allegations it is difficult to predict the outcome.

Dontknowanymore

InsideInsurance wrote: »

This is presumably the location: http://www.google.co.uk/maps?q=Freshbrook+Road,+Lancing&hl=en&ll=50.827484,-0.319674&spn=0.001291,0.002411&sll=51.553851,-1.830205&sspn=0.002542,0.004823&vpsrc=6&hnear=Freshbrook+Rd,+Lancing+BN15+8,+United+Kingdom&t=m&z=19&layer=c&cbll=50.827511,-0.319509&panoid=n9ORIuFvzP6t8GISoFKbgQ&cbp=12,260.22,,0,-5.21 ?

Based on your diagram (always good to add road markings) he has turned into a side road, crossing your path and failed to give way to oncoming traffic. Based purely on your version of events he would be 100% liable.

Until you hear what his version of events are and his allegations it is difficult to predict the outcome.

Yes it is that location.
All my insurers have at the moment is he was saying something about him waving the pedesrtrians accross.
Well whatever happens I'm not going to give in easily, I know we all make mistakes but I also beleive that there was nothing else I could of done to avoid hitting his car, barring using my magical powers to fly over it!
Thanks for the advice on road markings, I've had to do my statement again as they haven't recieved it so am going to email it with my cack diagram!

rs65

The pedestrians are a red herring in my mind.

You are in a strong position, you clearly had right of way.

vaio

I suppose you can either wait for the two insurance companies to slowly deal with it or you can do their job for them, write a letter before action and, if you don't get a cheque within 14 days, do a money claim online

olly300

rs65 wrote: »

The pedestrians are a red herring in my mind.

The pedestrians had right of way anyway if he was turning into the road and they had started crossing.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070332

He clearly wasn't paying attention and if he knew his highway code (even if this part isn't law) wouldn't have tried to use that as an excuse.

forgotmyname

Pedestrians had right of way, You had right of way he was a muppet.

It was his fault but it could take time for the insurance to finally agree to that. Just ignore it and let them
sort it out. Until they send you statements that you dont agree with.

If its not costing them lots of money in hire cars or storage they wont be in a rush.

vaio

forgotmyname wrote: »

......If its not costing them lots of money in hire cars or storage they wont be in a rush.

and you get the added bonus that if you have to renew before it's sorted you get to pay an "enhanced" premium because you've got an open claim and your ncb is suspended.

as I said above, don't make the mistake of thinking that your insurance company are looking after your interests because they aren't, letter before action is the way to go.

Dontknowanymore

The 3rd party have already sent me my settlement cheque in full, but in the letter said something along the lines of "this is not an admission of liability"
They only had to pay me out £440.
My renewal is up right at the end of Jan, and if it doesn't get sorted by then as someone has already said I will be paying a really high premium, and to be honest I can't afford that.

rs65

Is £440 equal to 100% of your losses?

If so, its sorted.

Dontknowanymore

rs65 wrote: »

Is £440 equal to 100% of your losses?

If so, its sorted.

That was for the car being a write off, although I've not claimed for anything else.
I got the cheque 2 weeks ago and yesterday morning my insurers said liability is still in dispute.