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Motor Insurance and accident

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  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Brent75 said:
    2 years ago, my first accident occurred driving at 12mph around a corner on the correct side of road (left)
    My query is is this a matter for the motor ombudsman as my insurer eventually assigned fault to me as the driver. 

    Yet I had purchased legal cover and the various add ons. The legal cover department admitted my statement was detailed and balance of probability of more than 51percent my fault and then did not reply. 

    Eventually after exhausting complaints process insurer did pay my old car valuation but in the interim recovered it from garage dumping my interior belongings. Also I had obtained a witness telephone number and insurer started asking me to chase the witness. Thirdly the car that wrote mine off was unable to exchange insurance details at the scene (when I later found out drivers husband was a barrister). 

    However with 25 years no claims at all, and a disputable fault liability as well as insurer badly handling the process. 

    Should this be referred to motor ombudsman. At best accident was a no fault or split liability. However overall excess incurred to me was around £3k due to changes in car valuations. Obviously it was a stressful experience but I thought that if I drive correctly on the correct side of road that liability should be assigned to other driver. 
    Given they have much more detail of the accident than we do and they've said its more likely than not your fault and your insurers have come to the same conclusion it sounds like there is much more to the story that you haven't told us about. 

    Motor Ombudsman won't touch a motor claim, they are an optional scheme for those selling or repairing cars and non-insurance warranties. The Financial Ombudsman covers insurance and are all round a stronger ombudsman given its mandatory for anyone selling insurance (or other regulated FS services) to be covered by them. 

    The ombudsman won't opine on the decision of liability itself but instead ensures they have gone through a fair process in deciding to accept liability. Without knowing the finer details of the case cannot comment on if their decision was reasonable or not but you are always free to refer the matter to the ombudsman but have to do so within 6 months of receiving their final response. On the basis you say this accident was 2 years ago it feels like you may be digging up the past and so beyond the 6 month limit
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