Complaint regarding how insurance company handling claim

Geass

Hi all, just wanted to get some further thoughts about this, last November I was involved in a collision with another car, I was reversing into a clear road whilst straightening up the car to go forward into a parking bay, whilst performing this manoeuvre another car has entered the road at speed (above the speed limit) and attempted to go around my car whilst a was reversing very slowly.

The road can only be entered one way as it leads to a dead end and the other car would have had full view of my car making its manoeuvre, unfortunately worst case senario is a 50/50 split. However my main cause for complaint is that after the accident I was approached by 2 witnesses who had seen the entire thing and confirmed he was driving at speed and without due care, I gave their contact details to my insurance company the next day.

However they were never contacted by he insurance company despite repeated requests, it wasn't only until their solicitor took over the case that one witness was eventually spoke to.........this was in June/July over half a year after the event, if they had changed their contact details during this time I would have been stuck as the other party is saying I reversed at speed into them,(claiming whiplash etc etc) and likely losing.

Should, I just sit back and suck this up.......rant over!


Thanks

dannyrst

Let me understand. Do you think the blame for this is with you or the other party?

You were maneuvering, therefore you should have realised the vehicle was approaching and stopped, allowing the other person to safely move around you.

Geass

I was already in the maneuvere (in complete line of sight of the other car) , I had no chance to react due the other car speeding and didn't stop their car, so,yes I would attribute most the blame to the other part as it was in their power to completely avoid the incident, my complaint is however shouldn't witnesses be contacted as soon as possible, rather than over half a year later.

neilmcl

So what is your insurer saying about fault, yours or 50/50?

If it's the latter then there really isn't any need to speak to witnesses as you've clearly shown that your reversing contributed to the accident. The "alleged" speed of the other car is largely irrelevant.

dannyrst

Geass wrote: »

I was already in the maneuvere (in complete line of sight of the other car) , I had no chance to react due the other car speeding and didn't stop their car, so,yes I would attribute most the blame to the other part as it was in their power to completely avoid the incident, my complaint is however shouldn't witnesses be contacted as soon as possible, rather than over half a year later.

Whilst you might assume that is the case, you are in the wrong. I know this well because it is the reason I failed my driving test the first time. I was mid maneuver and a car came up behind me, overtook and carried on. I failed because I didn't spot the car and stop.

As to witnesses being contacted, they are contacted when they are needed, which ever point in the process that is.

I remember a crash I witnessed many years ago, I could recreate it the exact same to this day and provide all major details (not including number plates etc).

AdrianC

If you knew they were travelling above the speed limit, why did you continue to reverse into their path? Either you saw them well enough for long enough to judge their speed - or you didn't.

takman

As I posted in other thread:

If your reversing out of a space then it's your responsibility to stop when cars are passing behind you. That's why it's always safer to reverse into a space and drive out because you have better visibility. You even say you were still reversing as he was going around you so it's 100% your fault the accident happened.

peter12345678910

takman wrote: »

As I posted in other thread:

If your reversing out of a space then it's your responsibility to stop when cars are passing behind you. That's why it's always safer to reverse into a space and drive out because you have better visibility. You even say you were still reversing as he was going around you so it's 100% your fault the accident happened.

Basically you are cutting the other car, you should have moved forward. But it is awkward to reverse onto a road.

EdGasket

Insurers love 50/50 as they get two lots of excesses and can wipe two lots of NCB off; a much rosier outlook for them than putting all the blame on one party. No good for the customer as always.

MEM62

Geass wrote: »

Hi all, just wanted to get some further thoughts about this, last November I was involved in a collision with another car, I was reversing into a clear road whilst straightening up the car to go forward into a parking bay, whilst performing this manoeuvre another car has entered the road at speed (above the speed limit) How do you know the other car was above the speed limit? and attempted to go around my car whilst a was reversing very slowly.

The road can only be entered one way as it leads to a dead end and the other car would have had full view of my car making its manoeuvre, unfortunately worst case senario is a 50/50 split. However my main cause for complaint is that after the accident I was approached by 2 witnesses who had seen the entire thing and confirmed he was driving at speed and without due care, I gave their contact details to my insurance company the next day. Unless they are in some way qualified to make a judgement they are just expressing an opinion. Probably of little use when it comes to the crunch - or litigation.

However they were never contacted by he insurance company despite repeated requests, it wasn't only until their solicitor took over the case that one witness was eventually spoke to.........this was in June/July over half a year after the event, if they had changed their contact details during this time I would have been stuck as the other party is saying I reversed at speed into them,(claiming whiplash etc etc) and likely losing.

Should, I just sit back and suck this up.......rant over!


Thanks

Sit back and such it up. If you were reversing into the road you would be lucky to be offered 50/50.

rs65

EdGasket wrote: »

Insurers love 50/50 as they get two lots of excesses and can wipe two lots of NCB off; a much rosier outlook for them than putting all the blame on one party. No good for the customer as always.

Insurers don't 'get' an excess. They pay the repairs less the excess. They would much rather not pay anything, or get full reimbursement.


50/50 is likely to end up with two unhappy customers (although one party may be happy). Insurers prefer happy customers who are likely to stay.