50:50 Claim advice

Ryan_W

Hello,

In January this year my partner was knocked by a lorry on a roundabout. They were side by side. My partner was going straight over, while the lorry was turning right. My partner was the first to join the roundabout and was approximately 3/8 of the way round when she stopped due to traffic. The next thing she knows this lorry hits her back right wheel arch. By the time my partner had realised what had happened the lorry had gone and due to traffic she was unable to follow the lorry.

We heard nothing until a few days ago where we received a letter saying the result of the claim was 50:50. She rang up the insurance company today and was told that the lorry company had claimed against her and this was the result. I understand that being no witnesses this is the normal way that these cases can be decided. This would remove her NCD and would have to pay the full excess. The reason she never claimed on the damage to her car was because she had no details of the lorry who had hit her.

This is where we are at currently. My first question is, is there any further action we can take, could she go to a solicitor to see what they say? Surely as the lorry has hit her from behind she can’t be fault? My second question is, can she claim on the lorry for the damage to her car as the drivers details will be in the system as claiming against her?

Many thanks for your time.

Ryan

System

Hard to prove without witnesses. She wasn't hit from behind, she was hit on the side hence it not being a open and shut case.

neilmcl

Ryan_W wrote: »

Hello,

In January this year my partner was knocked by a lorry on a roundabout. They were side by side. My partner was going straight over, while the lorry was turning right. My partner was the first to join the roundabout and was approximately 3/8 of the way round when she stopped due to traffic. The next thing she knows this lorry hits her back right wheel arch. By the time my partner had realised what had happened the lorry had gone and due to traffic she was unable to follow the lorry.

We heard nothing until a few days ago where we received a letter saying the result of the claim was 50:50. She rang up the insurance company today and was told that the lorry company had claimed against her and this was the result. I understand that being no witnesses this is the normal way that these cases can be decided. This would remove her NCD and would have to pay the full excess. The reason she never claimed on the damage to her car was because she had no details of the lorry who had hit her.

This is where we are at currently. My first question is, is there any further action we can take, could she go to a solicitor to see what they say? Surely as the lorry has hit her from behind she can’t be fault? My second question is, can she claim on the lorry for the damage to her car as the drivers details will be in the system as claiming against her?

Many thanks for your time.

Ryan

What evidence is there that the lorry driver/firm is claiming against her, in fact I'd very much doubt they will be.

Quentin

Your insurer is entitled to deal with claims as they think fit

Trying to prove that you are entirely blameless is down to you (and unlikely as you have no evidence of the negligence you allege against the lorry).

On a brighter note you will be able to recover your 59% "share" of your uninsured losses including your excess by pursuing the third party insurer for this. (If you have legal cover with your policy then you can use that to recover it for you)

unholyangel

Where was the damage on the lorry?

From what you've said I gather she was in the left/middle lane, he was to the right of her?

You can appeal to the insurance company as well - providing them evidence to back up your version of events. Pictures of where it happened. Try and recall exact details - ie she was stuck behind a blue bmw and a white toyota. If the damage is inconsistent with the other drivers events, point that out too.