Car insurance after accident - help please

Onward_2

Hi All


Unfortunately I had a car accident where someone drove into me while I was hardly moving. Nobody accepted fault at the scene although the other party did say they saw me pulling out but carried on driving. I reported the accident to my insurance company and explained that it was not my fault along with the rest of the description as to what happened. My insurance company has told me they have assessed it as my fault. I have disputed this as I expected to receive my excess back from the cost of my repair as it wasn't my fault! The insurance company has said they will investigate and come back to me but I have been waiting nearly a month now so am about to write again.


Firstly, please can anyone tell me if they have assessed who's fault it was solely on my description of events over the phone, which is all the detail they have from me? I am not sure if the other party has even reported the accident.


Secondly, I am due to renew my insurance shortly, and this will be before my complaint is resolved. As I am disputing the fault on this claim can anyone tell me how I should describe the claim when searching other insurers and entering details online? Obviously I want this to be resolved correctly as a no fault claim and be reflected in my next premium.


Many thanks in advance for your help.

Quentin

From what you say it looks like you are to blame if you "pulled out" into someone.


You normally have to pursue the third party to get your excess back. If you have legal expenses cover see if they will assist you.

Explain to your chosen new insurer that you dispute the claim being a fault one against you and see if they will be prepared to reduce your premium and back date this to the start date should you get your NCD reinstated.

InsideInsurance

You'd need to give a proper description of the circumstances but from what you have said it does sound like 100% your fault. You "pulled out" and thus failed to give way to a correctly proceeding vehicle. A vehicle that established on the carriageway has no obligation to allow another vehicle to pull out from a side road/ driveway/ petrol station etc.

The only possible exception is if you allege this isnt an accident at all but the third party intentionally rammed your vehicle. To do this you are going to need independent witnesses that can collaborate the circumstances plus I'd have expected you to have informed the police if you think the TP intentionally is ramming other cars.

Ignoring the liability issue, open claims almost always count as fault and so will impact the premium/ NCD at renewal. If you stay with the same insurer then life in theory should be simple and the NCD reinstated and premium refunded if the claim is subsequently closed non-fault.

If you decide to switch insurers instead then you need to get the new insurer to agree to honour the higher NCD once the claims resolved BEFORE buying.

chanz4

have to agree if you pull out its your fault, as you went into their path

Onward_2

Thanks all for the responses.


To give more detail about the incident....my driveway comes out to a single carriage country road without road markings. I was pulling out of my drive having looked both ways twice (something I do 2 to 4 times daily) and a driver came round an out of sight bend and did not stop. Once I'm in the road there is no room for another car to pass in either direction as the carriageway is that narrow. I was edging out of my drive at less than 5 mph and the other driver trying to beat me to it, tried to speed past and hit me. So although I understand I was coming out into a carriageway, there was no way I could have been more diligent. If someone sees you in the road and admits they continued to drive into you, I can't see how you can prevent the accident, especially if the road bends in such a way as to not be able to see them. I've explained all of this to my insurance company and hence they are investigating apparently.


My NCD was protected and my current policy allows 2 claims in 2 years for it to remain protected so I assume I still have the NCD?

Quentin

Onward wrote: »

My NCD was protected and my current policy allows 2 claims in 2 years for it to remain protected so I assume I still have the NCD?

Yes. assuming you are held liable or partly liable you will just lose one of your NCD lives (and none will be awarded for this year)

David_InsDef

Hate to say it, but it's pretty much a certainty that you'll be found liable as you were the one joining a main road and they (granted, maybe carelessly) were already on the road and proceeding normally along it. Your insurance company has the right to under the policy to determine liability on your behalf.

Your protected NCD will remain intact assuming you haven't had other claims.