Forced 50/50 liability car insurance claim.

Smithcom

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

This should be fairly easy for you to resolve to prove that the other party was to blame:

1. Provide dash cam footage
2. Provide your insurer with independent witness details
3. Prove in court that the accident could not have occurred any other way to the way that you have described.   You will need to convince your insurer of your prospects of success.   The other option is to tell your insurer that you wish to deal with the whole claim privately (including any 3rd party claim).

If you have a complaint to the insurer, make the complaint, and then proceed to the Financial Ombudsman Service for resolution, if your insurer cannot resolve.

Beyond this, not sure that there's much more to say.   It sounds like you are already very legally aware, however, you do appreciate that a driver's familiarity with a road/roundabout and length of driving experience (or lack of) is unlikely to persuasive influence to a court.   The 3rd party might say that their training/tuition is fresher than yours, therefore, that makes you more likely to have caused the accident.   Both views are, of course, likely to be nonsense.

Hope you get the matter resolve.

SC

ManxManc_1

Update.  Thanks for your input. 
8 months on car not fixed yet but due for repairs next month.
I have been sent £500 in 2 offers £150 then a £350.00.  After 8 months I have this week been reinstated with my 9+ years NCD after they took 6 off me. They have dropped my excess from 250 to 150 without any notification or explanation (to which im not complaining) any advice on the 6Y NCD being reinstated (to which they state was by mistake only but will honour it) and then blocked email communications. Refusing to send evidence of certain phonecalls requiring a SAR to which I refuse due to lack of trust and the fact I've been with then 18+ years.  Should i continue with my complaints. Does the fact that I have been reinstated my 6+ years ncd mean I have a legal case to pursue. 

Oh and not once have they said anywhere in their communications I have harrassed them or making unreasonable requests, but issued me with my 9+ ncd back and blocked my emails. I made clear from the very beginning I am quite capable of representing myself in all areas of the complaint and have dealt with this soley.  Shall I continue to pursue this case to the ombudsman given the offers and reimbursements I have already received. 
Many thanks. 

ManxManc_1

sheramber said:

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?

I have legal knowledge and experience on how legal matters are dealt with.  Not in car insurance disputes but in legal terminology on a professional basis.  I was a legal secretary for best part of 10 years under a senior partner of a law firm which was the largest in cheshire at the time of my career.  Albeit in conveyancing I had my hand in buying and selling houses in and around Cheshire for Manchester United players trusted with financial dealings worth millions. I do not pretend to know everything.  And your comment to me about if I have legal knowledge why am I asking on here. I ask on here because I represent myself I am aware of the need for evidence or to kindly be pointed in a new helpful direction to assist me in fighting for my rights. I have a good friend who I sat next to for many years in conveyancing who still works for same firm in dispute resolution actually head of.  But iv fought this myself up to now and in 8 months iv had £500 compensation for admittedly their own mistakes and several apologies. From 9+ years ncd dissappearing and new insurers starting me at 0. Reinstated to 9+ years just this week and my excess dropping to 150 instead pf 250. I think i have handled doing my own research and representing myself.  Shall I continue or not? Do you have experience in car insurance disputes as I do have a matter not yet discussed with the insurance company.  So the answer to your question why do I need to come on here if I have legal experience I was a conveyancer not a car insurance company dispute department I am in final stages of the claim after 8 months they have buckled under almost every response.  But admit my 9+ ncd was by different departments error but they will honour it.  Iv researched this slightly.  The only way for a car insurance company to Reinstate 6 ncd to 9+ is by error. Which is the last correspondence I got from them 2 weeks ago and now blocked.  If you have any experience in this it would be received with thanks.  

ManxManc_1

user1977 said:

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

Reinstated 6+ ncd insurers down to 3 from 9+
New insurers had me at 0 until I could prove. Fully Reinstated 9+ years ncd. You gotta stand up for yourself....