Help appealing against Insurance Claim

cbellaz

Hi,

I'm new to the forum and really would be grateful for some advice on car insurance claims?

A month ago, i was on a mini roundabout going straight on when a car speeding from the right and collided into me.

Baring in mind i'm a small mini cooper and him a big Volvo, the front of my car, drivers headlight and wheel has been smashed to pieces

I am told it is not a right off, but on being referred by my insurance company to Easi Drive Accident management, as it was a "no fault claim". Despite having two witnesses who saw me on the island when he hit me and that the damage to my vehicle totally adds up with my side of events, they still decided it would be a liability of "50/50".

As im only 3rd party that means nadda for me ! and i'm frankly really annoyed about it.

I am going to appeal against their decision, but if anyone has experienced the same thing ?? can give me advice id really appreciate it

thanks

bella

Quentin

Whoever told you that you get "nadda" has mislead you.

If this ends as 50/50 you will be able to claim 50% of all your uninsured losses off the third party.

Your own insurer is the place to appeal this decision.

If you are unhappy with the outcome of the appeal then you can complain using the insurers complaints procedure set out in the policy, and escalate to the FOS if you are unhappy with their response to your complaint.

InsideInsurance

To be honest, from the VERY brief description it sounds like you are at fault for not giving way on the round about and so a 50/50 settlement would be very fortunate for you.

As above, if it is the agreed settlement is 50/50 then you are entitled to get half of all your losses back. If you have legal expenses cover then a solicitor will be appointed under that to assist you. If you dont then you will be on your own to get it back from the TPI. You'd only get "nadda" from your own insurer because you are TPFT

forgotmyname

His story....?

If he was to your right, Did he not have right of way? And you pulled out in front of him?

His speed whether excessive or not, You should have judged it before pulling out.
Just because he may have been speeding doesnt put you in the right.

No harm in an appeal.

paddedjohn

When you get this mess sorted and get back on the road check out the prices for fully comp, a lot of drivers think tpf+t is cheaper but its quite often not the case.

opinions4u

Some rules for roundabouts:

https://www.gov.uk/using-the-road-159-to-203/roundabouts-184-to-190

On approaching a roundabout take notice and act on all the information available to you, including traffic signs, traffic lights and lane markings which direct you into the correct lane. You should

- use Mirrors – Signal – Manoeuvre at all stages
- decide as early as possible which exit you need to take
- give an appropriate signal (see Rule 186, below). Time your signals so as not to confuse other road users
- get into the correct lane
- adjust your speed and position to fit in with traffic conditions
- be aware of the speed and position of all the road users around you.



When reaching the roundabout you should

- give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights
- check whether road markings allow you to enter the roundabout without giving way. If so, proceed, but still look to the right before joining
watch out for all other road users already on the roundabout; be aware they may not be signalling correctly or at all
- look forward before moving off to make sure traffic in front has moved off.

You can appeal a decision. But I think you need to accept you messed up here. Unless the roundabout had some unusual rules.

Aretnap

Were you stationary at the time, ie were you in traffic queuing across the roundabout? If not, I can't see how you're going to avoid at least some of the blame - as above, you're supposed to give way to the right at mini roundabouts, so if you're hit from the right the starting point is that you were likely at fault.

anotheruser

If it was a mini-roundabout (like the OP says), then no way would any driver from the right be far enough away for the OP to drive out.

In other words, the driver coming from the right would have been too close to the roundabout for the OP to pull out. The OP should have stopped and given way. Mini-roundabouts aren't that big.

If the OP was stationary, they are in the wrong again. While I don't believe it is against the Highway Code, it is common sense and common courtesy to NOT pull on to a mini-roundabout if your exit isn't clear, surely?

I had someone pip me once at a mini roundabout - they were on my left. I was going to stop and give them a piece of my mind.

This is clearly the OP's mistake

Parking_Trouble

The OP didn't come on here to be judged on whether he is at fault or not, he wants advice on how to appeal against the decision.

He should follow Quentins advice and pursue it through his insurer. Presumably there are statements from the witnesses that back up the OP's version of events.

opinions4u

Parking_Trouble wrote: »

The OP didn't come on here to be judged on whether he is at fault or not, he wants advice on how to appeal against the decision.

Isn't understanding the likelihood of success and the reasons for the original decision relevant then?

He should follow Quentins advice and pursue it through his insurer. Presumably there are statements from the witnesses that back up the OP's version of events.

Taking the OP's statement at face value, even if backed up by multiple witnesses, what do you think the chances of success are?

SimonSays

paddedjohn wrote: »

When you get this mess sorted and get back on the road check out the prices for fully comp, a lot of drivers think tpf+t is cheaper but its quite often not the case.

Whats fully comp?

Do you mean comprehensive. Depending on the risk TPO (Third Party only) is cheapest.