Claim against OH by ambulance chasers - fight or not?

bod1467

A dash camera wouldn't help to any great extent in a situation such as the OP describes ... the incident was to the side of the vehicle not the front. At best it would show the first driver was driving slowly, and MIGHT capture the second driver passing quickly. It wouldn't show any impact between the vehicles to prove or disprove the soft tissue damage claim.

littlerock

Well we got a phone call from our insurers this morning asking for other driver's name and address. OH passed it on - it was OD firm's address (a mini cab firm) not his home address.

So far, OH has not put anything in writing to our insurers because at the time he thought clashing wing mirrors was just a regrettable fact of London life. We have not seen or been sent OD's claim in writing, just had a phone call from our insurers saying soft tissue injury claim had been made. OH totally rejected this as possible.

Don't think OD can be claiming car damage as there wasn't any and OH took photos at the time which will back this up. He told our insurers about the photos but they did not not want to see them. Nor have they asked for a written statement. Our insurers said they were inclined to settle as there were no witnesses and it is hard to disprove soft tissue injury.

However from how it was described to OH by our insurers, it is clear that OD is trying to blame OH who totally rejects this and says other driver was reckless. Although our insurers have not asked OH for a statement I think OH should now make one so that his account is on record. Otherwise only written account is other driver's which we dispute.

What do you think?

Quentin

Your insurer will probably happily take your OH's statement verbally over the phone, though no reason why he shouldn't send in a written report.


This may be useful should he decide to make any complaint over his insurer over this that he wants to escalate to the FOS in the future.

littlerock

OK I spoke to insurers claim team today and they said OD had in fact claimed damage to door and wing mirror (although OH's photos do not show any, and OD's wing mirror is pushed back, not off). Did not say what soft tissue injury had been claimed.

HOWEVER they said they had accepted the claim as OH's fault because he was changing into someone else's lane and the person already in the lane has right to be there, irrespective of how fast or dangerously they are driving. The person changing lanes is always assumed to be the party at fault.

I said OH said OD saw OH moving into gap and sped up to get there first.The girl on the claims team said it made no difference, the standard industry default agreement under "sublimated rights", was that the person changing lanes was always at fault if the other party was already in the lane. This was irrespective of how fast the party in the second lane was going.

Ironically OH thinks OD probably changed lanes just before him...

There must be a lot of motorway incidents were someone changes lanes and gets hit by someone racing up the vacant lane and the person pulling out, however carefully, has to take the blame...............................

littlerock

sorry duplicate - deleted

robbies_gal

that is right though just like the person behind me went into me unless u can prove otherwise you oh is at fault

rs65

littlerock wrote: »

At this point a car came round the corner and tried to accelerate into the vacant lane gap

littlerock wrote: »

Ironically OH thinks OD probably changed lanes just before him...

Sounds like your OH doesn't really know what happened and/or didn't see the other car.

The only thing clear is that your OH was changing lane.

littlerock

it is 3 lanes one way. round a sort of square roundabout. (Shepherds Bush Green for anyone who knows it.) Notorious for traffic changing lanes but from some directions you have to do so to position yourself in correct exit lane. OH entered via traffic lights which control a 90° bend to get into the system. Always lots of buses so you can be stuck on the roundabout behind buses changing lanes and when the lights behind you change, more traffic enters the system.

So OH was indicating and changing lanes to move out from behind bus into space on his right and proceeding very cautiously when the mini cab suddenly appeared and accelerated towards the gap. OD either came from changing lanes himself further back or accelerating away from the lights behind when they had changed.

As soon as he saw him OH stopped as he could see OD was racing for the gap. Next thing was a loud bang as OD passed OH and caught and pulled off his wing mirror.

The point is, which I did not know until I found out name of claims team today via a letter they sent us, and phoned them to discuss, is that just as if you drive into the back of someone it is presumed your fault, so if you are changing lanes and hit by oncoming vehicle it is also presumed your fault. Claims team said would make no difference if OH was doing 1 mph and stopped as soon as he saw oncoming car speeding in next lane at 90 mph, once his wheel was over the white line it was his fault. Claim team says person already in lane has priority and right of way ALWAYS however badly or recklessly they are driving. Well you live and learn .

RS2000.

Why are they discussing the claim with you, are you the policy holder?

littlerock

Yes it is in my name although it is OHs car.