Direct Line Car Claim Frustration

confused23

Someone reversed into my stationary car in a car park. Aggressive man has changed story and said I drove into back of his car - although annoying if this was all there was I would understand how difficult it would be for my insurance company to do anything apart from settle 50/50 (his word against mine).
BUT a witness (who knew neither of us) has completed a form supplied by Direct Line. I feel, due to the way they have worded the questions on paper it appears she only heard the accident. She is adamant however that she saw the driver reverse into my car (and even saw him reversing in the car park moments before crash). Direct Line refuse to go back to witness for clarity/more information. Despite me being insured with them (and providing the witness details she gave me at the scene) they also refuse to give me access to the witness statement or provide me with written details of the questions and answers given.
I cannot see how this is right - if they settle 50/50 I lose my excess payment and my premiums will shoot up. I have legal protection. Can I insist that they take this further, even if they want to settle. I feel they are just trying to take the easy route.:(

forgotmyname

Make a formal complaint in writing..

InsideInsurance

You would get back 50% of the excess if it went 50/50

You could put a complaint in writing but to be honest by the time it is looked at the claim may already have been settled. As with all insurers, a verbal complaint instigates the same process as a written one.

Most insurers have a very standard witness questionnaire they send out to every single witness and they do not tailor them in any way.. The link is evidently not DLs form but is fairly similar in what it asks http://www.google.co.uk/url?sa=t&rct=j&q=insurance%20witness%20questionnaire&source=web&cd=1&ved=0CDgQFjAA&url=http%3A%2F%2Fwww.ifminsurance.co.uk%2Fgetattachment%2F8b1d29cc-fbbc-44c0-9706-f10748f2f631%2FWitness-Questionnaire.aspx&ei=N8bwTsKGL4jT8QO94My2AQ&usg=AFQjCNHICvc-7-ksV4ve6LYKzCcdB7mbwg&cad=rja The one thing that one is missing is a statement about it being a true statement and being willing to submit to court etc

It is unfortunate that both some witnesses are simply very bad at explaining themselves or simply change versions of events. There is almost always a question on if you directly saw the incident and it would appear at your witness has said they haven't. I have known policyholders certain that witnesses would support them but when we got the statement back it firmly placed the blame on our policyholder or they simply denied actually seeing anything.

Without a valid witness statement to support one version of events over the other and without a clear answer from the areas of damage it is likely that most insurers would go for a 50/50 settlement as to go to court is basically a toss of a coin.

Insurers can settle a claim as they see fit and do not require your authorisation to do so.