Car insurance claim. No Fault on either side No payment on either side . Who to sue??

Robbo66

Limalex said:

Hello Forum.

I had a collision in 2018.
I was about to exit of the small roundabout an a vehicle approaching of the right ignored the giveaway sigh speed up and intended to drive off in-front of me.

We collided his off side rear damaged and my offside front damaged. I believed it was his fault and i thought it will be a simple case, but he introduced a fake witness then the wittiness disappeared and for two years the insurance companies did not make a decision.
I did not wanted to claim on my comprehensive insurance because my fee would be £1250 and my insurance company said the cannot do anything until I pay and now the case is dropped with noone at fault.

Wo I suppose to sue?
What is the process?
Can I go to small claims court with this?

Any guidance would be appreciated

Sorry but if he was approaching from your right then he had the right of way and you were at fault if the damage was to the rear corner of his car and front corner of yours then he was already on the roundabout when you pulled off otherwise I cant see how damage was caused.

Were_Doomed

I think the OP was on the roundabout, the other party pulled ON to the roundabout in front of the OP. OP's front NS (left front) impacted the other party's rear OS (right rear) as the OP didn't have time to react to the other party pulling out.

That's how I've deciphered it ... but I agree that it is confusing.

Car_54

Were_Doomed said:

I think the OP was on the roundabout, the other party pulled ON to the roundabout in front of the OP. OP's front NS (left front) impacted the other party's rear OS (right rear) as the OP didn't have time to react to the other party pulling out.

That's how I've deciphered it ... but I agree that it is confusing.

You're right, that's how the OP has described it in his post at 10,21 today.

Scrapit

Is this not just a standard issue roundabout claim where the third party failed to give way? What has the dodgy witness actually stated?

Limalex

Sandtree said:

An insurer only can comment on how they are closing their files; insurers are stuck with the word “fault” but in reality how an insurer closes their file has nothing to do with blame. They close it as “non-fault” if their net payment in damages is £0 and close it as “fault” if its above £0. As you didnt claim for your damages and they haven’t received a claim from the other side either they have no outlay and hence they are closing it non-fault. They are unlikely to be aware what the other insurance company is doing with their files.
Are you aware of what happened to the third party vehicle damage? It sounds like it wasnt claimed from their insurance either.
The risk of issuing proceedings is that you will then receive a counter claim from the third party and so you may sue them for £3,000 or whatever your repairs cost you but then you lose the case and the judge award the third party £5,000 for the damage to their Porsche which you then need to pay in 30 days else you have a CCJ on your credit history.
For this reason you need to talk to your insurance company and make them aware of your intentions and ensure that they will indemnify you should there be a counterclaim and the other side are successful. When liability came into dispute you were probably contacted by a more technical part of the claims department; its this team that you should be speaking to about your intentions not the basic claims telephone team.

Claim already happened agains my policy. The third party introduced a witness, but the witness was fake and his statement was questionable. My insurer wanted to question the witness but he disappeared. Probably got frightened for the possible hearing.

The insurers was discussing the case for over two years and finally closed it as  no fault accident on my part.

Do not know about the third party's case and for data protection the third party details not available to me. What I know it that the third party intended to claim £55000

My problem is that case should have gone to trial and not closed as no fault claim. If it would happened my country it would be a straight fault for the third party. He did not give me priority even though he has a give away sign and I was already in the roundabout also I was approaching from his right. it is a straight forward case for me.

My stubble is to who to take action against.

Either the third party insurer or my insurer because I believe they are duty bound to defend my case on court.

Limalex

Robbo66 said:

Sorry but if he was approaching from your right then he had the right of way and you were at fault if the damage was to the rear corner of his car and front corner of yours then he was already on the roundabout when you pulled off otherwise I cant see how damage was caused.

I corrected my post later on.
I was in the roundabout I already drove around the roundabout and I was about to leave it. So I was approaching from his right.
He has a give away sign upon approaching to the roundabout. He did not stop but speed up instead. It was a Porsche so it happened very fast.
My OSF caught his OS B pilar area. just after his front door. So I would say it is the middle of the Porsche
The collision happened the area of the roundabout where I suppose to leave than after me he suppose to enter.
If we would like to talk about deliberately causing collision it would be the third party not me.

Limalex

Scrapit said:

Is this not just a standard issue roundabout claim where the third party failed to give way? What has the dodgy witness actually stated?

He stated a complete rubbish. I was approaching Cockfosters rd and about to exit on to Beech Hill

The Wittness drawing was something like this. So he was basically said that the third party was about to leave the roundabout and I was doing a 90 degree turn and deliberately drove into his side. Do not know maybe I was thinking to collide another vehicle approaching from Beech hill too. It is insane, but the witness disappeared. I also went to the police to report a fraud but they was not interested.

Manxman_in_exile

(At least) one of those cars seems to be cutting that roundabout a bit much?  Which one was you?

Limalex

Manxman_in_exile said:

(At least) one of those cars seems to be cutting that roundabout a bit much?  Which one was you?

I was the one approached from Cockfosters rd, but not like the drawing shows. The impact happened the other side of the roundabout. I have photo evidence

Ectophile

You won't get anywhere suing your own insurance company.  You refused to make a claim on your policy, because you didn't want to pay the excess.  It isn't their job to sue somebody else on your behalf.  Since you won't make a claim, and the other driver hasn't made a successful claim against you, so far as the insurance company are concerned, the case is closed.  The "no fault" simply means that the insurance company has not had to pay out any money to anyone.

If you had made a claim on your policy, then your insurance company may have decided to sue the other driver.  If they had won, then you could also have put in a claim for your policy excess.  But you didn't.

So the only option left is to sue the other driver.  But there are no witnesses, which makes it hard to persuade the judge that your story is true and the other driver's story is false.