Car Insurance Liability

Tori_Bellatrix

Hi

Back in August I was involved in a crash with a lorry. I was driving on a major road when a lorry came shooting out of a side road without even looking to stop for oncoming traffic. I had seconds to react and remember beeping the car horn continuously and slamming on the brakes. Clearly, my actions didn't avoid the lorry as there wasn't enough time between the lorry coming out of the side road and where I was on the major road. My car was written off, I was injured and had to have several works off work for which I lost earnings.

There was an independant witness who saw everything and has told my insurance company, that the lorry driver was completely at fault.

Anyhow, my insurance company contacted me this week to say that the third party insurer are denying liability on the basis that I drove into the rear of the lorry (I didn't, I hit the middle of the driver side of the lorry). They have now told me that as far as they are concerned, the 3rd party insurer have not investigated properly, the witness testimony is quite conclusive and are now issuing legal proceedings which means I may have to go to court :eek:

I am happy to go to court as I'm as sure as I can be it wasn't my fault but is that likely to happen? Do these things often go to court?

mattymoo

Rarely end up in court. Legal procedings simply focus the mind of all involved. It helps to look at peoples motivation sometimes:-

1) the driver. Possilby not his first accident. Lies through his teeth to deflect some if not all the blame in order to keep his job.
2) the lorry owner. Claims against his company result in higher insurance costs. Will believe his driver over you because he doesn't know you.
3) the lorry insurers. Policyholder pays them premium so they do not like calling them liars. At the end of the day they want to settle the claim as cheaply as possible.

The threat (or issue) of legal procedings will result in the insurers going back to the policyholder who in turn speaks to the driver. At this point usually the lies are revealed and the claim settled.

Tori_Bellatrix

Many Thanks for your advice Mattymoo ... much appreciated ..

moleonthemove

Even if it goes to court do not worry, these civil events are more like an enquiry than a trial, the insurers are unlikely to spend more on the proceedings than they would the claim, so a settlement before court would be most likely. Take your time over the decision, the normal system is to offer as little as possible in the hope you will rush into settling for fear of losing out. Keep all your info to hand, include everything in your claim for damages, phone calls, alternative transport, pain and suffering, loss of earnings etc. As you are the innocent party seek professional help, you should be able to recover their costs as well.
Good luck

Hey_Dude

All of the above is sound advice.

If it does (unlikely) end up in court then it's important to remember that in a Civil Court the Judge will rule based on the balance of probabilities (criminal courts use beyond all reasonable doubt as their test).

Based on what you state, your case is sound.

I think that you'll probably get some good news in the next few weeks.

Dude

Tori_Bellatrix

Thanks Moleonthemove and Dude for your replies.

_Glycerine_

I would suggest contacting the legal department for your insurance company, thats if you took the legal protection. If all goes in your favour also, you should be able to claim for lost earnings.

Tori_Bellatrix

Bump ... .

silvercar

I went to ccourt a few years ago. It wasn't at all scarey. We sat around a table with a judge who had some toy cars that we used to illustrate what had happened. We both had a slightly different version of events and the judge ruled.

All in the room were the judge, me, OH my barrister (paid for by legal insurance on my car policy), the opposition, her mother and her barrister. The most nerve wracking part was waiting around while urgent cases were seen before us. A 10 am hearing and we walked into the room at 4 pm! By 5 pm it was all over.

I had been hit on a roundabout by a car that came onto the roundabout from my right. I claimed that I was at a standstill on the roundabout in traffic and she drove onto the roundabout without looking and hit my rear wing. She claimed that she was already entering the roundabout when I zoomed onto the roundabout and so she hit me.

I had 10 years driving experience and was on the school run; a route I took every day with plenty of time. She was a new drive just going out for a spin. TBH that is what probably swung the case in my favour. Anyway, the judge put us all at ease and explained that the insurance would be paying at the end of the day so mo-one was to feel threatened or nervous, then he got out these toy cars a plastic roundabout. All very relaxed and a complete waste of two baristers days - buts thats legal insurance for you.

Tori_Bellatrix

Thanks for the info Silvercar

Tori_Bellatrix

Just an update

Well as some of you predicted there was some good news! :j

I spoke to my solicitor last week and they informed me that the 3rd Party Insurer have now decided that 'liability will not be an issue'. My insurance company have now received full settlement and sent me back my £350 excess and the 3rd party insurer have also paid in full for the use of a hire car I had for 6 weeks whilst I awaited the cheque for total loss damages for my car. All I need to sort our now is my personal injury claim and loss of earnings. :dance:

Thanks everyone for your advice and :xmassign: