Car insurance - LEGAL COVER

telfordwhite

Does anybody know what exactly is covered by this?

For instance could I use it to dispute a liability decision (stitch up) made by the insurance company.

I feel I have plenty of evidence to support my claim but insurance company are not interested in persuing it themselves.

ie I want free legals to prove the other party was at fault and wondered if this is covered.

atrixblue.-MFR-.

try explaining the situation.

what happened to claim from insurance.

why you believe the insurers are trying to stitch you up.

and what evidence do you have to prove the stitch up.
have you followed their complaints proceedure, how long has the complaint been running and do you have a deadlock letter?

forgotmyname

You want them to prove they were at fault with what evidence?

You need to put more details to get a proper reply. And the best course of action.

telfordwhite

Well I really only wanted to know what Legal cover includes rather than get into a debate about the rights and wrongs of the case.

I will flesh out the bones a bit as soon as i get the chance but it's a bit long winded...bear with me.

forgotmyname

Cover for losses for accidents that are not your fault. Or reclaim expenses or other loss.

The wording in yours could the the same " not your fault" so if your insurance think it is then they wont help.

But as i said you need to put the full facts to get accurate advice on what course of action to take.

Quentin

The add on "legal cover" you have isn't really legal cover at all (ie it isn't to provide you with a solicitor to deal with any car related legal issue)

It is intended for the recovery of uninsured losses from a liable third party after an accident. (ie, your insurance doesn't cover your excess, loss of earnings, personal injury etc, and if you weren't to blame in a claim you can call on the "legal cover" to pursue the third party to get you reimbursed).

In short no use for fighting your own insurer with!

telfordwhite

Right what happened is:

I am stationary at a roundabout on the left hand lane waiting for the lights to change to green. I am heading straight on (2nd exit) and am in the correctly marked lane to do so. There is no other car in sight.
The first exit (left turn) is onto a dual carriageway.

The other car approached the roundabout from behind me and didn't need to stop because by this time the lights are on green. They approach in the right hand entry lane (marked to turn right at the roundabout)
Seeing me on their inside and assuming I am going to turn left onto the dual carriageway they overtake me and attempt to turn left into the "fast lane" of the dual carriageway, by this time i am in between them and the left turn so they take my front end off and continue 50 yards down the left hand turn whilst I remain on the roundabout still in the left hand lane.

There were no witnesses but i called the police who witnessed the scene and spoke to both of us.

Their evidence confirms that she entered from where I claim she did, the position her car ended up proves (i think) that she was turning left and the damage to both cars proves that I was inside her when we collided.
I think there is enough evidence to show that she made a dangerous assumption about my destination which resulted in the collision. She also crossed lanes whereas I didn't.
her manoeuvre was an invalid one for the roundabout and could not be predicted.

The Insurance company feel it would be difficult to prove liability and don't wish to spend money on it hence my question about what legal cover includes.
Would it cover me taking her to court or is it just to defend me against third party claims?

telfordwhite

Ah i think Forgotmyname and quentin have just answered my question thanks.

Quentin

telfordwhite wrote: »

.....hence my question about what legal cover includes.
Would it cover me taking her to court or is it just to defend me against third party claims?

As posted, it will do neither of these!

They would pursue the third party for your uninsured losses, and take it to court, but only if they felt they would win in court (and clearly they would be advised by your insurer).

Your insurer will "defend" you against (wrongful) third party claims as part of your standard cover - though won't spend too much on this if they don't see you winning should it get to court)

It will set out in your policy exactly what you get for "legal cover".

atrixblue.-MFR-.

i would say to instruct the insurers that you will not accept liability.

get a diagram drawn up of the scene a google earth screen shot and print out of the roundabout of who should be in what lane to take what exit if theres clear signage and roadmarking get thoseaswell.

follow the companies complaints proceedure to the T, then when you do not get your voice heared move onto the next option of going through the FOS. http://www.financial-ombudsman.org.uk/consumer/complaints.htm.

forgotmyname

Send then clear diagrams showing lane markings and the 3rd party's incorrect lane and positioning. With a formal complaint saying that in no way will you accept anything other than you were not at fault in any way.

Send recorded delivery and if that fails do as atrix said FOS complaint.