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Direct line wrogly accepted liabilty on my behalf.

Ikki1
Ikki1 Posts: 15 Forumite
I had an accident on a juntion where i was turning right and the third party driver was going straight.
I stopped towards the middle of the junction box to wait for the third party to pass. However, he was driving in the middle of 2 lanes (one to go straight and one to turn right from his side) and therefore his car crashed into mine; he was also speeding, which is clear because it was a 30mph zone but both cars got written off, even though mine was stationary.
I have witnesses who directline say they contacted once. However when i spoke to the witnesses they say they hadnt been contacted. When i contacted directline to tell them this i was told that my witnesses were no longer credible as i had spoken to them.
I also had a blackbox which will show the position and speed of my car when the collision occured, but they are refusing to use this data too. They say black boxes are used to analyse my driving behaviour, i understand this but in their terms and conditions they say that the data can be used to analyse the causes of an accident and the forces involved. So the main purpose does not diminish the fact that they can still use the data as evidence to show im not liable.
Each time I contacted direct line they told me they will change liability on my file to not liable, but never did. Instead they accepted liabilty on my behalf and closed the case.
They say the accident was my fault because i was in the middle of a manoeuvre and standing in the way of the correctly proceeding vehicle, but the damage on my car is at the front left corner, if i was stood in the wrong position surely the damage would have been towards the rear or middle of my car.
I have contacted ombudsman service and they say direct line have followed proceadure as they have contacted the witnesses on multiple occasions but they refused to answer, but whenever i asked directline i was told they only contacted them once an will not/have not tried again.
Ombudsman has also told me direct line has a expert motor liabilty report, but i was not told of this.
Therefore ombudsman say that they believe directline has followed proceadure and they will not ask them to reopen the case.

Directline are refusing to follow their own terms and conditions, and ignoring the evidence they have. They accepted liabilty on my behalf to end the case quickly. Is there anything i can do?

Thanks
«13456

Comments

  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    If he hit the front left of your car then its sounds like you pulled out in front of him?
  • I'm slightly confused, were you on the main carriageway waiting to turn right OR at a give way/stop sign waiting to turn right?

    Did he hit you head on or the side?
  • molerat
    molerat Posts: 34,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As they say, a picture (or a Google maps link) paints a thousand words.
  • Ikki1
    Ikki1 Posts: 15 Forumite
    I was stood in the middle of the yellow box waiting for third party to pass. If i had pulled out infont of him the damage would have been at the passenger door or towards the back of the car.
    The front left corner of my car was damaged, and on third partys car the whole front right side of his car was damaged. As the right half of third party car was damaged does this not show that if he had been driving in his lane the accident wouldnt have happened?
  • Ikki1
    Ikki1 Posts: 15 Forumite
    It was a traffic light junction box. Both his and my traffic light was green but as i was turning right, i waited in the junction box towards the middle. His car hit the front left corner of my car. On his car the damage was on the front right half side of his car.
  • maisie_cat
    maisie_cat Posts: 2,138 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Academoney Grad
    If he hit the front left of your car then its sounds like you pulled out in front of him?
    The OP said he was stationery, probably in the road trying to turn right in a place that it's impossible to do in one move, particularly in cities.
    It happened to me 20 years ago in a notorious junction in Wimbledon. It was also Direct Line and they did the same thing. In my case I had to pull forward to allow a car that wanted to turn left (cars parked on both sides of the road I was exiting) otherwise the area would have ground to a halt! I was stationery and a BMW just drove into my side because he couldn't see me round the car turning left.
    In my case they also sent a loss adjuster to the scene except he went on a Sunday when the cars were not parked on both sides of the road.
    I was annoyed because I'd been with DL since they started but I got on with my life and have not been insured with them since even if they are the cheapest.
  • Ikki1
    Ikki1 Posts: 15 Forumite
    Sorry this is my first post im still trying to figure out how this works. Can i upload a picture using my phone?
  • elsien
    elsien Posts: 36,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    To upload a picture you need to use a photo hosting site.
    MSE don't let new users post pictures but if you post a broken link someone can put it up for you.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Ikki1 wrote: »
    Sorry this is my first post im still trying to figure out how this works. Can i upload a picture using my phone?

    Host it on your favourite hosting site then post a link changing http to hxxp. Someone will fix it for you.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your description of events still doesn't make sense. If you were turning right at a traffic light, box junction and the oncoming 3rd party hit you on the front left (nearside as we like to call it) then you crossed in front of him, impeding his progress, or were at the very least incorrectly positioned.
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