Insurance claim

HantsAgent

TL:DR version - my car insurers are rolling over and accepting liability without any consultation or input from me, I'd like to know what my rights are here and what, if anything, can I do about it?


More detailed version;

Around a month ago I clipped wing mirrors with another vehicle. It was a narrowish street in a busy city with cars parked either side. I was already halfway down the road when the other driver (a taxi) decided he was coming down too rather than wait.

That isn't too much of a problem as it is possible to get two cars through at a squeeze - I drive this road most mornings dropping my kids off.

As we neared each other we both slowed to a snail's pace and passed offside to offside and our wings mirrors brushed. I don't believe I could have been any further over to the left.

I slowed after the incident and checked my rear view, he didn't move off, but didn't get out of his car either. So I continued my journey to the end of the same road where my son's school is. I was still in view of his car when I parked up and got out to drop my son off.

I thought nothing more of it. He didn't get out of his car and didn't turn around to pursue me.

I then receive a call the next day from my insurers saying that someone (he) had submitted a claim that I had damaged his car and was at fault.

I told them that I completely dispute this and explained precisely what happened, as above. I offered to go and take a video/photos of my car showing that it doesn't have a single scratch or mark on the O/S. They told me that wouldn't be necessary yet and we had to wait for them to detail what their claim was for and any evidence (I took the video and photos anyway for posterity).

A few weeks go by and I think nothing of it. Then my insurance renewal is sent to me and it says I have an at-fault claim from June.

When I call them to find out what's going on the renewal team tell me that the claim team is dealing with it and that the other chap has now submitted evidence but that it is under review.

A few days later I receive an email stating they've reviewed the evidence and they agree that I am at fault.

They refuse to show me the evidence, citing that it would be a breach of GDPR (which I don't believe to be correct), but they do explain that his dashcam (taxi driver) shows our vehicles approaching each other and then a bang and the camera shaking when we pass each other. They claim he had brought his car to a complete stop and therefore I am at fault.

I don't know where I stand with this. All communication is by email as they won't discuss it over the phone, and they are just giving me the same "we're sorry this isn't the outcome you were hoping for" when I've emailed trying to challenge it.

Does anyone have any practical help for what I can do here? I want to see the evidence for myself and possibly even show it to my solicitor (I have a good firm I use for my business who I'd like to look it over).

I also want to fight it rather than just roll over. I don't think the evidence they describe is enough to state that I am completely at fault, the taxi driver could have been further over although I appreciate that might be difficult to prove.

Any help or advice greatly appreciated.

Mildly_Miffed

Read your policy - in claiming, you agree that the insurer can make the final decision as to liability.

All that's happened here is that you have not been found totally innocent by them. Liability may well be shared between the two of you. Short of dashcam footage from a third party, that's the best you're going to get.

You admit your vehicle was travelling slowly when the impact occurred.
You say your insurer have dashcam footage showing the other vehicle stationary at the time.

With those two pieces of information, it's hard to see how this is ever going to reach a point where you are found to not be at least partially liable, isn't it?

DullGreyGuy

HantsAgent said:

TL:DR version - my car insurers are rolling over and accepting liability without any consultation or input from me, I'd like to know what my rights are here and what, if anything, can I do about it?


More detailed version;

Around a month ago I clipped wing mirrors with another vehicle. It was a narrowish street in a busy city with cars parked either side. I was already halfway down the road when the other driver (a taxi) decided he was coming down too rather than wait.

That isn't too much of a problem as it is possible to get two cars through at a squeeze - I drive this road most mornings dropping my kids off.

As we neared each other we both slowed to a snail's pace and passed offside to offside and our wings mirrors brushed. I don't believe I could have been any further over to the left.

I slowed after the incident and checked my rear view, he didn't move off, but didn't get out of his car either. So I continued my journey to the end of the same road where my son's school is. I was still in view of his car when I parked up and got out to drop my son off.

I thought nothing more of it. He didn't get out of his car and didn't turn around to pursue me.

I then receive a call the next day from my insurers saying that someone (he) had submitted a claim that I had damaged his car and was at fault.

I told them that I completely dispute this and explained precisely what happened, as above. I offered to go and take a video/photos of my car showing that it doesn't have a single scratch or mark on the O/S. They told me that wouldn't be necessary yet and we had to wait for them to detail what their claim was for and any evidence (I took the video and photos anyway for posterity).

A few weeks go by and I think nothing of it. Then my insurance renewal is sent to me and it says I have an at-fault claim from June.

When I call them to find out what's going on the renewal team tell me that the claim team is dealing with it and that the other chap has now submitted evidence but that it is under review.

A few days later I receive an email stating they've reviewed the evidence and they agree that I am at fault.

They refuse to show me the evidence, citing that it would be a breach of GDPR (which I don't believe to be correct), but they do explain that his dashcam (taxi driver) shows our vehicles approaching each other and then a bang and the camera shaking when we pass each other. They claim he had brought his car to a complete stop and therefore I am at fault.

I don't know where I stand with this. All communication is by email as they won't discuss it over the phone, and they are just giving me the same "we're sorry this isn't the outcome you were hoping for" when I've emailed trying to challenge it.

Does anyone have any practical help for what I can do here? I want to see the evidence for myself and possibly even show it to my solicitor (I have a good firm I use for my business who I'd like to look it over).

I also want to fight it rather than just roll over. I don't think the evidence they describe is enough to state that I am completely at fault, the taxi driver could have been further over although I appreciate that might be difficult to prove.

Any help or advice greatly appreciated.

By your version of events its a 50/50 settlement, by the third party's and apparently their dash cam it shows you hit a stationary vehicle so are fully at fault. 

It makes no difference at all to you if its 50/50 or 100% your fault unless you are claiming for damages to your car in which case you'd get 50% of your excess reimbursed by the third party insurer. 

Your insurers have the right to deal with claims as they see appropriate, you therefore cannot force them down another path but may be able to convince them. Exceptionally occasionally we'd allow an insured to deal with matters themselves but you'd have to sign a deed of indemnity stating you will reimburse us of any increase in costs were we forced to act under the road traffic act. We didnt but I know another insurer that also requires a £10,000 bond to be paid if their policy holders want to do the same as it can be very difficult to get the insured to pay when they lose the court case and the insurer then wants repaying. 

saajan_12

If you were moving, then it would be at least partly your fault. The fact that the other driver could have driven better eg by moving over more is irrelevant. If there wasn't space given the taxi's (slightly incorrect) position in the road, then you should have stopped / reversed / whatever to avoid the contact. Particularly in this context where there likely aren't specific lane markings and you were crawling so could have stopped. 

So if its at least 50% your fault, then what difference does it make that they treat it as 100% your fault?
- The claim would still be recorded as 'at fault'
- The impact on future insurance renewals would be the same
- The no claims bonus years would be impacted the same
- The insurer is still covering it, who cares if 50% or 100%

- How large is your excess? That might be in play, but depending on how your policy is worded, you might owe all of that anyway if less than teh 50% cost. 

eschaton

As said above, you’re either being classed as 100% or 50/50. Regardless you’ll still need to declare a claim so it won’t make any difference, your premiums will increase the same. 

As far as what happened afterwards goes, you done yourself no favours by leaving the scene of an accident. 

The taxi stopped. He had dashcam footage presumably showing this. He didn’t need to pursue you. The taxi from what you say was still there when you dropped your son off, why didn’t you return?

You would have had the opportunity to speak to him and he would probably have shown you the dashcam footage if you’d claimed 50/50. You also lost the opportunity to come to an agreement outside of insurance. That’s wrong but many of us would do it or have done for minor damage.