Forced 50/50 liability car insurance claim.

ManxManc_1

Been with very reputable car insurance company for nearly 20 years 
Never claimed no points on licence no criminal driving convictions fines, nothing 
Got hit on a rounderbout i use several times a day... by a driver who only just passed his test few weeks prior, in his girlfriends car n lived 35 miles from my townhad no clue where he was. I got us to safety ect ect 
I told insurance company under no circumstances will I accept 50 50 from the very beginning 6 months ago car not even fixed yet.... the utter incompetence and unprofessional service i have recieved is crazy.... 
I have legal knowledge and 10 years experience and told them this also when things started to concern me.... in their first response to my 8 page letter I received numerous sorrys and apologies and £350 by way of apology. I wrote back with more concerns, to which I got more sorrys and a further £150.00 but in the reply they ommited lots of points of concern of mine and made me reply This was tonight. In a quick rather sharp reply to which I apologised for my manner but I said "im at my witts end" iv asked for my whole file and TPI correspondence 4 times. Ignored. 
My policy renewal quote went from £59 a month with business insurance too to £170.00 lost all my no claims down to 3... they have been appalling... to a loyal customer over 20 years probably had about £20k out of me over the years. I used to always recommend them now they are just embarrassing. I have put a final offer on the table in my email. Before ombudsman. Oh and they were quite happy to just let me go forcing me to get another insurance company £69.00 - what's that about....  Does anyone have any experience of this sort of thing....   
Misrepresentation
Incompetence
Unprofessional
Breach of contract 
Loss of business image to a delivery car 
Inconvenience
Stress
Financial worry 
Withholding valuable legal information 
Fraudulent claim TPI 
Pretty boring stuff but any advice. 
Ta like

35har1old

ManxManc_1 said:

Been with very reputable car insurance company for nearly 20 years 
Never claimed no points on licence no criminal driving convictions fines, nothing 
Got hit on a rounderbout i use several times a day... by a driver who only just passed his test few weeks prior, in his girlfriends car n lived 35 miles from my townhad no clue where he was. I got us to safety ect ect 
I told insurance company under no circumstances will I accept 50 50 from the very beginning 6 months ago car not even fixed yet.... the utter incompetence and unprofessional service i have recieved is crazy.... 
I have legal knowledge and 10 years experience and told them this also when things started to concern me.... in their first response to my 8 page letter I received numerous sorrys and apologies and £350 by way of apology. I wrote back with more concerns, to which I got more sorrys and a further £150.00 but in the reply they ommited lots of points of concern of mine and made me reply This was tonight. In a quick rather sharp reply to which I apologised for my manner but I said "im at my witts end" iv asked for my whole file and TPI correspondence 4 times. Ignored. 
My policy renewal quote went from £59 a month with business insurance too to £170.00 lost all my no claims down to 3... they have been appalling... to a loyal customer over 20 years probably had about £20k out of me over the years. I used to always recommend them now they are just embarrassing. I have put a final offer on the table in my email. Before ombudsman. Oh and they were quite happy to just let me go forcing me to get another insurance company £69.00 - what's that about....  Does anyone have any experience of this sort of thing....   
Misrepresentation
Incompetence
Unprofessional
Breach of contract 
Loss of business image to a delivery car 
Inconvenience
Stress
Financial worry 
Withholding valuable legal information 
Fraudulent claim TPI 
Pretty boring stuff but any advice. 
Ta like

If it goes to court the judge could rule 50 50 especially if it's a Friday afternoon 
Can you not have protected no claims with business insurance?

Aretnap

The insurer has the right to settle the claim as they see fit - it's their money, not yours which they are handing over to the third party if they settle 50-50 after all. You agree to this when you take out the policy. So telling them from the beginning that you won't accept a 50-50 settlement is neither here nor there - you might as well tell them that you won't accept the sun setting at the end of the day. 

Beyond that it isn't really possible to offer you much help because desire the lengthy post you don't actually say what happened or exactly what you think they've done wrong.

dunstonh

Got hit on a rounderbout

That is the key bit of text in your post.

The vast majority of roundabout claims are settled 50/50.

Never claimed no points on licence no criminal driving convictions fines, nothing 
<snip>

by a driver who only just passed his test few weeks prior, in his girlfriends car n lived 35 miles from my townhad no clue where he was.

You present yourself as the safer driver and the other party is the weaker driver.  However, it is meaningless.  You could be driving with complacency and bad habits, and the new driver could be driving more cautiously.  Lots of different pictures can be painted but yours and the other party's driving history doesn't come into it.

I have put a final offer on the table in my email. Before ombudsman.

The FOS will not investigate the accident and decide who is responsible.   They will just look to see if the insurer has acted correctly.

Oh and they were quite happy to just let me go forcing me to get another insurance company £69.00 - what's that about...

You are not that important that they are going to cry over you leaving them. 

 Does anyone have any experience of this sort of thing....   

You don't state your opinion on what happened.   You don't state if you have camera coverage.    All we can say is that the vast majority of roundabout claims end up being settled 50/50 due to lack of evidence that sufficiently places the blame with one party or the other.

flaneurs_lobster

You are clearly unhappy with your insurance company's response to your claim (and the £500 that they have paid by way of apology).

What did they not do when you claimed after the accident and what do you want them to do now?

MyRealNameToo

ManxManc_1 said:

in their first response to my 8 page letter 

Why is it an 8 page letter? 

Are you aware how many claims a single handler will be dealing with concurrently? 

Do you think they have time to properly read and digest that amount of text between answering phone calls, emails on other cases etc? 

The Ombudsmen at The Ombudsman often have to put the likes of "I can see Mr S has spent considerable time providing us with detailed submissions and reasons why he disagrees with us. I do wish to assure Mr S that I have read everything he has sent us, and considered all of the points he has made. So whilst I mean no disrespect to Mr S, I don’t intend to address each of the many points individually in this decision. Or to respond in the level of detail he has presented his complaint to us in" and they have a massively lower case load and yet still get overwhelmed with useless detail people add

If you want someone to focus then you need to be losing at least 6 pages of that letter, and really it should be 7 pages gone. Put a one liner in that this is on top of a host of other minor issues but focus on the major point not pad it with waffle 

The law allows your insurers to settle the claim as they see fit, whilst you can say you dont accept 50/50 they are perfectly entitled to go against your wishes if they want. Having spent a long time in claims, and in particular focusing on disputed liability cases, many policyholders have no idea on how judges have settled prior cases.

ManxManc_1

35har1old said:

ManxManc_1 said:

Been with very reputable car insurance company for nearly 20 years 
Never claimed no points on licence no criminal driving convictions fines, nothing 
Got hit on a rounderbout i use several times a day... by a driver who only just passed his test few weeks prior, in his girlfriends car n lived 35 miles from my townhad no clue where he was. I got us to safety ect ect 
I told insurance company under no circumstances will I accept 50 50 from the very beginning 6 months ago car not even fixed yet.... the utter incompetence and unprofessional service i have recieved is crazy.... 
I have legal knowledge and 10 years experience and told them this also when things started to concern me.... in their first response to my 8 page letter I received numerous sorrys and apologies and £350 by way of apology. I wrote back with more concerns, to which I got more sorrys and a further £150.00 but in the reply they ommited lots of points of concern of mine and made me reply This was tonight. In a quick rather sharp reply to which I apologised for my manner but I said "im at my witts end" iv asked for my whole file and TPI correspondence 4 times. Ignored. 
My policy renewal quote went from £59 a month with business insurance too to £170.00 lost all my no claims down to 3... they have been appalling... to a loyal customer over 20 years probably had about £20k out of me over the years. I used to always recommend them now they are just embarrassing. I have put a final offer on the table in my email. Before ombudsman. Oh and they were quite happy to just let me go forcing me to get another insurance company £69.00 - what's that about....  Does anyone have any experience of this sort of thing....   
Misrepresentation
Incompetence
Unprofessional
Breach of contract 
Loss of business image to a delivery car 
Inconvenience
Stress
Financial worry 
Withholding valuable legal information 
Fraudulent claim TPI 
Pretty boring stuff but any advice. 
Ta like

If it goes to court the judge could rule 50 50 especially if it's a Friday afternoon 
Can you not have protected no claims with business insurance?

Aretnap said:

The insurer has the right to settle the claim as they see fit - it's their money, not yours which they are handing over to the third party if they settle 50-50 after all. You agree to this when you take out the policy. So telling them from the beginning that you won't accept a 50-50 settlement is neither here nor there - you might as well tell them that you won't accept the sun setting at the end of the day. 

Beyond that it isn't really possible to offer you much help because desire the lengthy post you don't actually say what happened or exactly what you think they've done wrong.

Hi and thanks I know that... and if id been with them for a year or so id of let it go im not that desperate thanks its a car. I actually don't really give a !!!!!! about the car now it's still not repaired it's safe but the absolute worst most dissapointing embarrassing customer service and utter !!!!!! basically ...  Iv been with them for 20 years.... iv paid approx £20k over the years. So to say it's their money is a bit of a kick in the teeth. Iv no driving offences criminal record no insurance claims ever so to say im a risk. They now require I do an SAR to require my personal information to take the matter further which is a criminal offence so im working my way round that one atm lol any advice happily received... my case is too big to give you everybit of detail.  The only reason I am pursuing this is out of pure justification... SAR?? Breach of data security if forced if you know anything about anything 🤔 ta x 

ManxManc_1

35har1old said:

ManxManc_1 said:

Been with very reputable car insurance company for nearly 20 years 
Never claimed no points on licence no criminal driving convictions fines, nothing 
Got hit on a rounderbout i use several times a day... by a driver who only just passed his test few weeks prior, in his girlfriends car n lived 35 miles from my townhad no clue where he was. I got us to safety ect ect 
I told insurance company under no circumstances will I accept 50 50 from the very beginning 6 months ago car not even fixed yet.... the utter incompetence and unprofessional service i have recieved is crazy.... 
I have legal knowledge and 10 years experience and told them this also when things started to concern me.... in their first response to my 8 page letter I received numerous sorrys and apologies and £350 by way of apology. I wrote back with more concerns, to which I got more sorrys and a further £150.00 but in the reply they ommited lots of points of concern of mine and made me reply This was tonight. In a quick rather sharp reply to which I apologised for my manner but I said "im at my witts end" iv asked for my whole file and TPI correspondence 4 times. Ignored. 
My policy renewal quote went from £59 a month with business insurance too to £170.00 lost all my no claims down to 3... they have been appalling... to a loyal customer over 20 years probably had about £20k out of me over the years. I used to always recommend them now they are just embarrassing. I have put a final offer on the table in my email. Before ombudsman. Oh and they were quite happy to just let me go forcing me to get another insurance company £69.00 - what's that about....  Does anyone have any experience of this sort of thing....   
Misrepresentation
Incompetence
Unprofessional
Breach of contract 
Loss of business image to a delivery car 
Inconvenience
Stress
Financial worry 
Withholding valuable legal information 
Fraudulent claim TPI 
Pretty boring stuff but any advice. 
Ta like

If it goes to court the judge could rule 50 50 especially if it's a Friday afternoon 
Can you not have protected no claims with business insurance?

Sorry couldn't give a crap if it was a friday afternoon I drive that rounderbout 5× a day he'd never even been in macc before cos he didn't know where big tescos was i was like your looking at it massive sign infront of us facing us.... just passed his test 2 months before not even in his own car..... 20 years clean driving licence with same insurance company no claims... anyway sorry but trying to create a clear picture cos im 6 months invested in this thank you xx

user1977

Your good driving history up to now isn't relevant to whether you were at fault this time.

sheramber

ManxManc_1 said:

35har1old said:

ManxManc_1 said:

Been with very reputable car insurance company for nearly 20 years 
Never claimed no points on licence no criminal driving convictions fines, nothing 
Got hit on a rounderbout i use several times a day... by a driver who only just passed his test few weeks prior, in his girlfriends car n lived 35 miles from my townhad no clue where he was. I got us to safety ect ect 
I told insurance company under no circumstances will I accept 50 50 from the very beginning 6 months ago car not even fixed yet.... the utter incompetence and unprofessional service i have recieved is crazy.... 
I have legal knowledge and 10 years experience and told them this also when things started to concern me.... in their first response to my 8 page letter I received numerous sorrys and apologies and £350 by way of apology. I wrote back with more concerns, to which I got more sorrys and a further £150.00 but in the reply they ommited lots of points of concern of mine and made me reply This was tonight. In a quick rather sharp reply to which I apologised for my manner but I said "im at my witts end" iv asked for my whole file and TPI correspondence 4 times. Ignored. 
My policy renewal quote went from £59 a month with business insurance too to £170.00 lost all my no claims down to 3... they have been appalling... to a loyal customer over 20 years probably had about £20k out of me over the years. I used to always recommend them now they are just embarrassing. I have put a final offer on the table in my email. Before ombudsman. Oh and they were quite happy to just let me go forcing me to get another insurance company £69.00 - what's that about....  Does anyone have any experience of this sort of thing....   
Misrepresentation
Incompetence
Unprofessional
Breach of contract 
Loss of business image to a delivery car 
Inconvenience
Stress
Financial worry 
Withholding valuable legal information 
Fraudulent claim TPI 
Pretty boring stuff but any advice. 
Ta like

If it goes to court the judge could rule 50 50 especially if it's a Friday afternoon 
Can you not have protected no claims with business insurance?

Sorry couldn't give a crap if it was a friday afternoon I drive that rounderbout 5× a day he'd never even been in macc before cos he didn't know where big tescos was i was like your looking at it massive sign infront of us facing us.... just passed his test 2 months before not even in his own car..... 20 years clean driving licence with same insurance company no claims... anyway sorry but trying to create a clear picture cos im 6 months invested in this thank you xx

If you have legal knowledge and ten years’ experience what are you asking on here?

Aretnap

ManxManc_1 said:

35har1old said:

ManxManc_1 said:

Been with very reputable car insurance company for nearly 20 years 
Never claimed no points on licence no criminal driving convictions fines, nothing 
Got hit on a rounderbout i use several times a day... by a driver who only just passed his test few weeks prior, in his girlfriends car n lived 35 miles from my townhad no clue where he was. I got us to safety ect ect 
I told insurance company under no circumstances will I accept 50 50 from the very beginning 6 months ago car not even fixed yet.... the utter incompetence and unprofessional service i have recieved is crazy.... 
I have legal knowledge and 10 years experience and told them this also when things started to concern me.... in their first response to my 8 page letter I received numerous sorrys and apologies and £350 by way of apology. I wrote back with more concerns, to which I got more sorrys and a further £150.00 but in the reply they ommited lots of points of concern of mine and made me reply This was tonight. In a quick rather sharp reply to which I apologised for my manner but I said "im at my witts end" iv asked for my whole file and TPI correspondence 4 times. Ignored. 
My policy renewal quote went from £59 a month with business insurance too to £170.00 lost all my no claims down to 3... they have been appalling... to a loyal customer over 20 years probably had about £20k out of me over the years. I used to always recommend them now they are just embarrassing. I have put a final offer on the table in my email. Before ombudsman. Oh and they were quite happy to just let me go forcing me to get another insurance company £69.00 - what's that about....  Does anyone have any experience of this sort of thing....   
Misrepresentation
Incompetence
Unprofessional
Breach of contract 
Loss of business image to a delivery car 
Inconvenience
Stress
Financial worry 
Withholding valuable legal information 
Fraudulent claim TPI 
Pretty boring stuff but any advice. 
Ta like

If it goes to court the judge could rule 50 50 especially if it's a Friday afternoon 
Can you not have protected no claims with business insurance?

Sorry couldn't give a crap if it was a friday afternoon I drive that rounderbout 5× a day he'd never even been in macc before cos he didn't know where big tescos was i was like your looking at it massive sign infront of us facing us.... just passed his test 2 months before not even in his own car..... 20 years clean driving licence with same insurance company no claims... anyway sorry but trying to create a clear picture cos im 6 months invested in this thank you xx

You're hardly creating a clear picture - you still haven't told us what happened! Did he hit you as you pulled into the roundabout? Did you hit him as he pulled onto the roundabout? Did one of you drift into the others lane?

Roundabout accidents do have a strong tendency to be settled 50/50. You claim that he drifted into your lane. He claims that you drifted into his lane. Without independent witnesses or video footage, and often even with them, there is no way of saying who is correct, so the insurers reasonably decide to split the costs rather than pay the extra costs of going to court where it will basically be a coin toss as to who the judge decides to believe. 

Note that any evidence you offer to back up your version of events had to relate to the events themselves. Nobody cares how many years no claims bonus you have. Nobody cares whether it the other guy was driving his girlfriend's car. Nobody cares whether he'd been to Big Tesco before. Setting aside as those irrelevancies, what evidence do you actually have to show that he drove into you and not vice versa? A witness? A dash cam? Presumably something more than "I drive a lot so can't possibly be to blame"?