50/50 Settlement

Ana_M

Dear all MSE users,

You guys have probably read a similar story but would like some advice.
Here goes..

End of March a 3rd party in a truck was using the incorrect lane on a roundabout, 3rd party was in left intending to use the 3rd exit, I was in the right intending to use the 2nd exit as it is a dual carriage way. I had looked and indicated started moving across and he crashed in to my vehicle.
He admitted liability at the scene, and his work company offered to pay for the damage, but the quote was over £2000 for repairs- therefore he then advised he would have to go through insurance due to the cost.

My insurance straight away informed me it would be a 50/50 settlement before any statement or proof. Which I stated that this needed to be looked into more, as he was in the wrong lane (looking at the highway code).
The insurance look on google maps however, this is not always updated- I then provided pictures of the round about with the arrows in the lanes.
I had a witness from a bus company who witnessed the collision however, ticked that he knows me, although he doesn't.
I had done everything in my power- statement, pictures of the damage, booked car in for repairs, paid excess, witness.
Unfortunately the 3rd party has not provided a statement to his insurance or been in contact- this meant I have had to wait 90 days until my insurance can go through with court proceedings. The 3rd party insurer then got in touch 4 days before the 90 days- only asking for clarity on the witness statement and also mentioned that they do not have the statement from the 3rd party and he will be providing this soon. The 90 day mark has been, my insurance failed to contact me on Friday, however, emailed me on a Saturday when they are closed stating- ' write with reference to the above dated claim and advise that the third party insurer continue to dispute liability. In view of the unclear independent witness evidence we feel this would be best settled on a 50/50 basis, as without independent witnesses, it is impossible to verify either version of events.
In this event we agree to cover 50% of the damage to the other party’s vehicle and their excess and the other insurer reciprocates. As there is an apportionment of blame to both drivers, your policy will be affected as a result of this claim - for more details please refer to Section H of your policy.'
However, the 3rd party has not reported any damage to his vehicle, or even provided a statement. Also I had a phone conversation from someone from the liability team about 2 days before the 90 days- telling me its all positive for me and it will go to court- as the 3rd party has not been in touch with his insurance- i feel like I have been completely mislead.
I'm willing to fight this but need some advice on where to go next- this situation has caused so much stress and upset my excess was £700.
I feel my insurance has been completely useless, I had to already make a complaint about them regarding courtesy car and they had to compensate me.
I really do not want the 3rd parties mistake to cost me for the next 5 years as I'am a new driver.
Someone please give me some advice- I'm really at my wits end with it all.

Thanks Ana

neilmcl

Unless it's gone too far try getting in touch and claiming directly off the TP insurer.

Retrogamer

Do you have legal cover on your policy?

If so, tell them you do have an independent witness and even if you didn't the accident happened due to the third party being in the wrong lane and ignoring the road markings stating which lane to be in.

If no joy, raise a complaint via their complaints process.

AdrianC

There is one very important piece of information that means you will never get a 100% claim against the other driver.

You turned left across the front of that other vehicle.

You say it was a truck? Trucks don't just appear out of nowhere. They don't just change direction with zero warning. Whether he was using the right lane or not is irrelevant - you turned across his front when it would have been perfectly clear and predictable that he was continuing round the roundabout.

Quentin

Retrogamer wrote: »

Do you have legal cover on your policy?

If so, tell them you do have an independent witness and even if you didn't the accident happened due to the third party being in the wrong lane and ignoring the road markings stating which lane to be in.

If no joy, raise a complaint via their complaints process.

You misunderstand what legal cover on a motor policy covers.


It doesn't cover fighting liability!


It is intended for the recovery of uninsured losses (once liability has been established between the insurers)


If the OP wants to contest liability then they have the option of instructing their own solicitor (at their own cost) if their complaint to the insurer is unsuccessful

Quentin

Ana_M wrote: »

.....this situation has caused so much stress and upset my excess was £700.......

If this ends up as 50/50 then you will be able to reclaim £350 of this from the third party insurer (as well as 50% of any other uninsured losses you have experienced over the incident)

Car_54

You say the truck was in the wrong lane, according to the Highway Code.

But the HC also says "In all cases watch out for and give plenty of room to ... long vehicles. These might have to take a different course or straddle lanes either approaching or on the roundabout because of their length." (Rule 187)

And "You should ... be aware of the speed and position of all the road users around you" (184)

And furthermore "If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over."

From your description, you changed lanes without checking, and are therefore 100% at fault.

Whether the truck was in the "wrong" lane is irrelevant. If he had entered at the 1st exit and was aiming for the 3rd he would have been in the "right" lane, but you would still have hit him!

Retrogamer

Quentin wrote: »

You misunderstand what legal cover on a motor policy covers.


It doesn't cover fighting liability!


It is intended for the recovery of uninsured losses (once liability has been established between the insurers)


If the OP wants to contest liability then they have the option of instructing their own solicitor (at their own cost) if their complaint to the insurer is unsuccessful

If liability is disputed between insurance companies, and you don't have legal cover then can your insurance company still opt to take it to court to settle the dispute?

Quentin

Retrogamer wrote: »

If liability is disputed between insurance companies, and you don't have legal cover then can your insurance company still opt to take it to court to settle the dispute?

As posted legal cover with your policy isn't needed for liability disputes.

Insurers can and do take it to court, but would only do so if a win was expected and it was cost effective

Strider590

I once watched a Rover Metro get squished by a truck at a roundabout, the truck was in the LH lane, but indicating right, the Metro took the RH lane and the trailer ran over it's bonnet.
I never overtake a truck on a roundabout, unless it's a huge motorway roundabout with multiple lanes.