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