Dispute with car insurers

Egoazu

Could anyone advice me please.

I had a a reversing vehicle ram into me as i was trying to manoeuvre out of a car park. a vehicle was obstructing the exit so i was practically stationary using the parking sensor lights to guide me past the vehicle.

later on the third party denied fault and my insurers after i had drawn them a schematic of the accident agreed that i was partially at fault as the reversing vehicle had right of way since he was in the main street and i was coming out of the car park. i had a witness who was dismissed by the 3rd party insurers as we had a business relationship 4 years ago. she saw the whole thing and said the 3rd party did not look back when he started reversing. she was shouting at him to stop but he did not hear her.

i have now discovered that there was CCTV footage and have informed my insurers and they just emailed me today that after unsuccessful attempts to get in touch with the person in charge, they are accepting the 50:50 claim!

i have had the impression right from the start that my insurers are not interested in supporting me and they believe that i am at fault.

what shall i do next? am i wrong in thinking that a reversing vehicle does NOT have right of way if there is a practically stationary vehicle in its way?

thank you

Quentin

You were moving, not stationary!

Irrespective, you aren't being held at failt, but partially at fault.

You can complain to your insurer that they have made a mistake over this and if unhappy with their response escalate to the FOS for their adjudication at no cost to you.

Send your complaint in line with the insurers complaints procedure which will be in the policy docs.

scheming_gypsy

Your own parking sensor lights? so you both reversed into each other?

I'm confused.

Egoazu

Your own parking sensor lights? so you both reversed into each other?


sorry, was not clear, no the sensors in front. i was coming out of car park and needed to turn right to exit to main road but a car in front so moving forward slowly to avoid hitting car in front using front sensors to know when to stop so i could then reverse back and then forward etc till manoeuvred out. hit on passengers front door by 3rd party so i was at 45 degrees to him. i know its a bit hard to imagine.

Egoazu

You can complain to your insurer that they have made a mistake over this and if unhappy with their response escalate to the FOS for their adjudication at no cost to you.

sorry what is FOS?

Quentin

Financial Ombudsman Service

tasticz

http://www.financial-ombudsman.org.uk/

eddddy

Or you could sue the other driver directly using the Small Claims Track of the county court (assuming your losses are under £10,000). You should tell your insurer what you are doing.

The court will take into account the witness's statements (and cctv evidence if you can get it), and reach a decision based on the balance of probabilities.

The 3rd party insurer could choose to use the full might of their in-house legal teams to defend the case. But if the argument is just over a few hundred pounds in legitimate repair costs, they may well just leave the other driver to defend himself/herself.

Quentin

The insurers look to be in agreement.

Any court action would always be dealt with by the insurer.

It's included in the premium we pay,,!