1st central insurance. bit of a gripe, but need to know if their following procedure.

T.T.D

To cut the incident short: Location is a middle roundabout of a 70mph dual carriage way with side roads entering and exiting it, the roundabout is 40MPH restricted)I entered the roundabout at point A for e.g. in the right lane of two lanes to turn far right and exit at junction D.

I was going 12-15MPH max and drove past junction B and then to junction C where 3 cars pulled out on me first car did on purpose and the rest followed like sheep, I then had to slam anchors and I stopped, I then put the car in first and then second to about 10-15mph and drop past Junction C, where car 4 cam onto the roundabout as a straggler from 3 that had just cut me off, and came next me in lane 1 as though to head towards Exit D up the dual carriage way with me (I get nervous when people join this way because they can head over to Junction A, where I cam from, but cutting directly across me to do so) instead of going up the dual carriage way she cut Infront of me and I slammed on and blared my horn but to no avail, she continued going as I came to a stop, came across into my lane into collision with me.

Not much damage, I had a slightly scuffed wide arch extension and dent in the wing above the extension, scuff on the headlamp, scuff on the bumper spat extension going to the wing wide arch. broke the plastic arch liner and air box behind it along with wing support bracket to the slam panel and damaged the alloy wheel. my wheel was stuck tucked in behind her wheel and arch.

I quickly grabbed my phone after the impact, started recording as I have no dash cam (hadn't had the car that long). I got the recording of the cars where they came rest plus her words after " i was going over there and pointed to exit A and You were speeding", We got the cars parted and we parked, I walked down to her where she said "You were speeding" to me which I said " if I was speeding, which I wasn't as the cluster of cars before you pulled out on me so I had to stop, you saw me and pulled out knowing I was already there anyway so…why?" She said "no I didn't see you to be honest, I honestly didn't see you".

I saw she had dashcam and I asked her to preserve the footage and send it to me I gave her my email address to send it to, she said "its on and working and she'll get that to me by the end of weekend" that footage never came.

We exchanged details and parted ways, I was really angry and frustrated, but I didn't shout or swear or abuse her I just out and stated the facts to her.

I called her about 3 hours later I had time to assess my car, and decided to repair it myself, she answered and I said "I've assessed my car and decided that I'm not seeking to going through insurance as they would simply Cat N it and devalue the car and we would pay increased premiums for 5 years, I don't need this in my life right now, both cars suffered minimal damage you can deal with your car and I deal with mine and move on in life. she wanted time to think about it and said she would call me back.

That evening I received a phone call from her saying that she was a pensioner couldn't afford to repair the damage so she was going through insurance. I was disappointed but that is her right.

Her car is a 2006 Suzuki swift it had less damage than mine which is much moreof a rare car MK2 2005 MG ZS.

I notified my insurer for information purposes only of the bump.

4 weeks later my insurer had a letter from her car insurance admiral saying that they dispute liability, there was no details of the incident from her side, no statement.

I had to explain with diagrams my side of the incident, I put photo's of the roundabout with diagrams of our direction where I entered, where she entered, locations of where I had to slam on brakes being pulled out on, and then where she entered and collided with me, I provided the photo of her damage and my video and photos of my damage, it was 10-15mph coming together of sort nothing like a heavy smash.

1st central insurance had said they have requested a statement, denied liability on my behalf and sent the insurer all the footage photo's and diagrams, after this Admiral went silent for 5 months and 3 and a half weeks, my insurer was about to revert split liability back to non fault due to admiral refusing to answer my insurer when they got a letter from a solicitor, they sent them the footage the photos and the diagrams they said but there had been no response to them.

I've asked for particulars of the claim I want to know what they sent and their reasons for saying I'm at fault, 1st central has denied me to see the file, saying its internal information that they hold and I cant have any copies of the particulars of the claim or statements.

I have made a DSAR on that because I believe I have a right to access the information to know what the allegations are against me, what evidence she has etc, this way I can help 1st central defend that claim better if know what the context of her allegations.

I called 1st central today a month from the last call, they had a response saying the solicitor has denied liability insisting it was my fault on the 22nd of this month, 1st central has given this solicitor the footage and diagrams and photos but I thought they sent it in July lady on phone said they sent evidence on 22nd of this month? now I'm confused, which means that its been over a month and they didn't respond to her solicitor contrary to what told me back on July 26th?

I have had to chase 1st central at every stage, there's been no information from them even when 1st central gets a response from her solicitors they don't tell me.

I've refuted all along that I am at fault.

I feel 1st central have possibly mishandled this claim and have been lazy in looking at my evidence, i dont think they have even watched the video footage!

They have been lazy in pursuing responses and have responded lazily to the third party by not providing my evidence and statement in good timely manor to the third party to make decisions either and settling this for me non fault.

This has resulted in me paying higher premiums and losing 1 years ncb whilst this is ongoing going from what would have been 50 a month to now 75 a month, I also have a second car and this has also racked up the premium to over 154 a month (cheapest around funnily with admiral) with no claim against me its £56 with admiral.

I have so much frustration at no updates and not being able to see what shes alleging to respond accurately.

I feel they are failing to update me and follow their procedures and giving me missing and contradictory information causing me confusion.

I'm worried they will simply settle on my behalf when ive told them under no circumstances are they to settle on my behalf, i would go to the ombudsman with it or court even.

I feel it is an easy case to settle because of the footage where she admits she "didn't see me" accused me of speeding where by if she saw me speeding pulled out on a speeding car into collision and there for is negligent this should have settled this 5 months ago I feel.

Whats the correct procedure here, are they following procedures? Whats my recourse here? WWYD?

Sorry for the rant guys and word vomit. Feel like I'm being kept out of the loop and in the dark.

Car_54

Have you read the terms of your policy? I suspect you'll find they are quite entitled to settle on your behalf.

Turning to the claim, if I understand you correctly, you were in lane 2, she in lane 1, Did she cross into your lane, or vice versa?

Whatever, roundabout collisions are notoriously difficult to resolve in the absence of hard evidence e.g. dashcam.footage.

Woodstok2000

This has every sign of going down as a split liability claim. My partner was in an almost identical situation but the roles were reversed - she was in lane 1, going straight ahead to exit C as per the road layout. Other car used lane 2 to try and turn left into exit B and crashed into her. No dashcam, no witnesses, split liability as insurers said both cars had a right to be where they were, just not at the same time.

Im not doubting your version of events, just pointing out that there are scenarios like this where either party could be at fault depending on the exact timing and sequence of events, and without evidence the most likely outcome is split liability.

Mildly_Miffed

With no dashcam footage, that kind of roundabout lane-change will almost always go split liability. Post-collision photos and videos show the damage, not what led to it.

And, yes, your policy does give your insurer the right to decide liability.

As for your car - it's low value, and new parts are near-impossible to get. No wonder the insurer are closing the case by writing it off. I presume you've got the option to buy the salvage back, cheaply?

If you want more than just a generic policy, for an older car, put it on a classic policy.

T.T.D

https://forums.moneysavingexpert.com/discussion/comment/82118337#Comment_82118337

https://forums.moneysavingexpert.com/discussion/comment/82118292#Comment_82118292

She was in lane 1 and I lane 2, she crossed the white lines into my lane, colliding into the front passenger wing/bumper of my car. I never moved out of or crossed a lane whilst on the roundabout at all i remain in lane 2 at all times.

The footage shows my car in lane 2 straight heading toward my exit it, shows her in lane 2 with me fully outside of lane 1.

(in fact I was less than a meter away from the exit before I would have been on the dual carriageway) and her car across the front of mine. She points on the camera towards Exit A an states "I going that way".

How do I put photo's etc on here?

Car_54

https://forums.moneysavingexpert.com/discussion/comment/82118378#Comment_82118378

So you went from lane 2 to “a metre away from the exit”. How did you achieve that without crossing lane 1?

T.T.D

https://forums.moneysavingexpert.com/discussion/comment/82118381#Comment_82118381

I'm yellow, she's red.

I crossed lane 1 on the opposite side of the roundabout into lane two and remained there. the road markings on the above screen grabs denote the lanes are separate lanes, you may only cross if its safe and clear to do so. I shall also state that the council has since updated the the road markings on the junction she used to enter the roundbout, as left lane left only (up dual carriage way).

T.T.D

These are screen grabs of the video, we had literally stopped and I grabbed my phone got out and started to record.

The Hyundai and Merc (bottom photo) is in lane 2 in the direction of where came from, but the white car through the MG's window is in lane 1.

Lane 1 has white dashed markings on it denoting it to be a lane to the dual carriageway the dashed markings mean it can be crossed when the way is clear or remain in the lane if it isn't as its a live lane of a dual carriage way, IYSWIM.

Where i am pointing is the direction of where she entered the roundabout she used the left lane, entered lane 1 then cross into my path to lane 2.

I am already on the roundabout, priority shall be given to those already on the roundabout. she essentially joined whilst I still on it.

as you can see I'm about a meter if that away from actually leaving the roundabout and going up the duals in the right lane, to merge int into the left when clear was the intention.

XRS200

Looks 50/50 to me, I'm afraid.

eskbanker

I shall also state that the council has since updated the the road markings on the junction she used to enter the roundbout, as left lane left only (up dual carriage way).

Since the accident or since the satellite image was taken?

Grumpy_chap

I quickly grabbed my phone after the impact, started recording as I have no dash cam

So, while you were still driving, bring the car to a safe place after the impact, you began recording on your phone? That probably won't do you any favours.

From the second sketch you provided, you were potentially in the incorrect lane to exit. Having passed the 2nd exit, you should have manoeuvred to the outside of the roundabout ready to exit at the 3rd exit. The line as drawn indicates you stayed on the inside of the roundabout and then cut across to exit late as the exit arrived.