Had a crash, can someone talk me through the proceedings?

2

Comments

  • roz84
    roz84 Posts: 40 Forumite
    First Anniversary Combo Breaker First Post
    It's a claim for personal injury - back pain, muscle sprain to stomach and neck, and bruising to the head. If she hadn't been going so quickly it would never have happened!
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 25 June 2018 at 8:59AM
    roz84 wrote: »
    50/50 I'll settle for if I have to but there is absolutely no way I'm taking the blame - so I guess that 50/50 is the best I outcome I can hope for!


    A 50/50 claim has similar impact on your future premiums as if it is decided 100% you to blame
  • zaax
    zaax Posts: 1,910 Forumite
    First Post First Anniversary Combo Breaker
    As the police were involved, what do they say? As the other drivers air bag systems deployed it would have record the speed of the car.
    http://www.team-bhp.com/forum/road-safety/189259-technically-understanding-airbag-systems-srs.html
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
  • Zorillo
    Zorillo Posts: 774 Forumite
    First Anniversary Name Dropper First Post
    The police cannot and will not decide where liability sits.
  • Quentin wrote: »
    A 50/50 claim has similar impact on your future premiums as if it is decided 100% you to blame


    True..in fact anything thats not 100% not your fualt will go against you..however sadly we as the customer dont get to decide,thats down to the insurance underwriters as to accept liability.
  • Quentin
    Quentin Posts: 40,405 Forumite
    True..in fact anything thats not 100% not your fualt will go against you..however sadly we as the customer dont get to decide,thats down to the insurance underwriters as to accept liability.
    If it was done the way you want it how many "customers" do you think will say "yes I'm to blame" when both sides tell different accounts of what happened??
  • Samsung_Note2
    Samsung_Note2 Posts: 774 Forumite
    edited 26 June 2018 at 1:21PM
    Quentin wrote: »
    If it was done the way you want it how many "customers" do you think will say "yes I'm to blame" when both sides tell different accounts of what happened??


    Certainly not the way i want it..please enlighten me where i said it was.

    My wife was told a 75/25 in her favour wouldn't effect her insurance...only it turns out thats not true,thats why i stated that anything unless 100% non fault will go against you,not JUST 50/50.

    Its the insurance underwriter who gets the say...most of us believe we get a say it accepting 50/50 or insisting we wont accept anything less than Non fault,well we did anyway.

    My point is you dont get a say in the decision...only the under writer will and only if they are convinced they will win if it turn legal,will they go non fault...even then it can go the opposite way and they loose.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Certainly not the way i want it..please enlighten me where i said it was.

    My wife was told a 75/25 in her favour wouldn't effect her insurance...only it turns out thats not true,thats why i stated that anything unless 100% non fault will go against you,not JUST 50/50.

    Its the insurance underwriter who gets the say...most of us believe we get a say it accepting 50/50 or insisting we wont accept anything less than Non fault,well we did anyway.

    My point is you dont get a say in the decision...only the under writer will and only if they are convinced they will win if it turn legal,will they go non fault...even then it can go the opposite way and they loose.
    You commented it was "sad" that customers don't get to decide liability - in many cases both sides have a different story over what happened and who was to blame, hence my comment.


    Your wife was obviously mislead!


    My reference to 50/50 was because the OP said he was happy to accept 50/50 but not the "blame"!


    Whenever you are unhappy with your insurer the route to take is a complaint in line with their complaints procedure.


    Then if they ignore you for 8 weeks or you are unhappy with the reply you can escalate to the FOS for their adjudication at no cost to you


    If it was your insurer who mislead you into accepting partial liability then you look to have grounds for complaint (though may be out of time to use the complaints procedure
  • roz84 wrote: »
    50/50 I'll settle for if I have to but there is absolutely no way I'm taking the blame - so I guess that 50/50 is the best I outcome I can hope for!

    I've been in similar situations, and the insurance have made it abundantly clear that you have two choices:

    1) Tell them 'for information only' and settle the matter all by yourself.
    2) Make a claim, in which case it's the insurance companies who decide between them which side is at fault, and who pays.
  • Quentin wrote: »
    You commented it was "sad" that customers don't get to decide liability - in many cases both sides have a different story over what happened and who was to blame, hence my comment.


    Your wife was obviously mislead!


    My reference to 50/50 was because the OP said he was happy to accept 50/50 but not the "blame"!


    Whenever you are unhappy with your insurer the route to take is a complaint in line with their complaints procedure.


    Then if they ignore you for 8 weeks or you are unhappy with the reply you can escalate to the FOS for their adjudication at no cost to you


    If it was your insurer who mislead you into accepting partial liability then you look to have grounds for complaint (though may be out of time to use the complaints procedure

    You still dont get it...sad as in you dont get to refuse liability as in 50/50 or 75/25...you simply dont have a choice assuming you want your insurance to cover you.

    Sad in your a passenger pardon the pun...you dont to decide its the insurance and ultimately the judge.
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