RTA at mini roundabout who is at fault?

lisyloo

Out of interest what did the legal insurer say? (I don’t think it’s the correct route but I’m curious and might be helpful to others).

She has a right of complaint. They might be saying they can justify their decision based on experience but they are wrong to say she can’t complain.

dbs

swingaloo wrote: »

How would she know this? For it to have happened the way you describe she would not have been able to see the other drivers brake lights.
Perhaps he has said that he had his view restricted by the parked vehicle but that she pulled straight out in front of him.

She moved forward when the restricted view was clear expecting any sensible driver approaching a restricted view mini roundabout to be proceeding at caution not at speed.

Ten feet away from the impact is the pavement where the Lollypop lady steps into the road when children want to cross the road hate to think of the outcome if she had stepped out into the road to stop traffic.

dbs

lisyloo wrote: »

Out of interest what did the legal insurer say? (I don’t think it’s the correct route but I’m curious and might be helpful to others).

She has a right of complaint. They might be saying they can justify their decision based on experience but they are wrong to say she can’t complain.

She can complain about the process but not the about the insurer going not gong to court.

But what other case studies have they used are they an exact comparison?

I have requested the case studies to emailed so I can take look but doubt I will receive them.

Hasting direct have already paid in full.

I am sure that if the van had not been parked illegally there would have been no accident. Without a reg number I cannot trace this person. Since I live close to junction if I ever see anyone parked blocking the view of the junction I will report them to the police.

Worse part is her phoning up last week about the outcome was to be 50/50 then to be rung the next day being told it was now down 100% her fault.

lisyloo

Why can’t she complain about them not going to court?
Who has said this? The insurer?
If so why are you just taking their word?

There is also a route to the ombudsman who are independent so you aren’t just reliant on Hastings.

At the end of day they have legal expertise and experience at their disposal. My gut feeling is that you won’t win this one but sometimes it’s better to remove lingering doubts to get closure.

I would have started the complaint by now if it was me. It’s free and you have nothing to lose. Worst case you’ll gain closure by being told by a 3rd party that the decision was correct.

dbs

lisyloo wrote: »

Why can’t she complain about them not going to court?
Who has said this? The insurer?
If so why are you just taking their word?

There is also a route to the ombudsman who are independent so you aren’t just reliant on Hastings.

At the end of day they have legal expertise and experience at their disposal. My gut feeling is that you won’t win this one but sometimes it’s better to remove lingering doubts to get closure.

I would have started the complaint by now if it was me. It’s free and you have nothing to lose. Worst case you’ll gain closure by being told by a 3rd party that the decision was correct.

The insurance subrogation team has said she cannot complain about it no going to court.

I am waiting for written confirmation from the insurer, unfortunately my family member is abroad on holiday so I am trying to get as many facts as I can so she can decide if she wants to complain as I cannot without her permission.

lisyloo

Shes lucky to have you fighting her corner.
I'd let her enjoy her holiday.
Now that the insurer has paid out it wont make any difference to the complaint if it waits a week or two.

lisyloo

Take a look at case 132/10
https://www.financial-ombudsman.org.uk/files/2853/issue132.pdf

Not identical I wouldn’t be so quick to believe she can’t complain about them treating her unfairly and not taking all evidence into account.

As we’ve seen in the Supreme Court this week not everything is always black and white.

daveyjp

You have more chance of your insurance company considering Court if you supply a very comprehensive statement immediately after the incident. Photos, diagrams, maps, sequence of events with lots of detail.

Remember this is all they have to go on to make that initial assessment. If it is poor they won't spend time and money getting all the info about road layout signs etc to improve it. It is far easier and cheaper for them to go 50:50.