how to challenge an accident claim when you were "at fault"
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the cost of the claim is affecting insurance quotes though. some apparently refuse to insure me at all if claim is over £10k.If the insurance company covering you has accepted liability and has paid out I can't see there is anything you can do to alter things.
The cost of the claim will not alter the effect on your insurance, if the claim was exaggerated that was also for the insurer to challenge.
If you want some independent views on fault post up what happened (and be prepared for some judgemental opinions!)0 -
Svein_Forkbeard wrote: »OP moved into the path of a vehicle on his right, open and shut case in my view.Except the OP has obtained dashcam footage from (presumably) a following vehicle showing the other driver being partially responsible.
OP - Was this ever forwarded to the insurer?Depends how you read it - I understood first reaction of the other driver was to brake (understandable) then realising it was impossible to avoid the car pulling in to his (or her) lane decided the only possible way of avoiding the accident was to try to get past before the OP blocked the lane but was unsuccessful.
OP was obviously unaware of the car behind him by pulling out.
he braked behind me when I was already moving into the lane. the car had already decelerated to my speed when it was entirely behind my car, before he decideds to floor it clips something on his side then crashes into me.
yes the footage was sent in but I've heard nothing from claims company as it went on. I called at 3 montly intervals, ie. probably no one could be arsed to say anything because I wasn't policy holder.0 -
theone999 The speeder in his fast German saloon called me an idiot, so maybe he should have treated me as one. If he wasn't speeding in the first place and/or decided to do an emergency stop when he first braked instead of deciding to gamble on shooting past me, he could have ensured the crash did not take place, by doing what he did, he sealed it.
Hopefully the owner, will be more careful who he lets drive his car in future :-)"A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:0 -
I don't care what you think.AndyMc..... wrote: »Thanks for that, doesn’t look like he has anything to challenge.
however, I'm unsure how to go about challenging this when I've had no say and minimal communication in the matter. I would have rather gone to court myself.0 -
I don't care what you think.
however, I'm unsure how to go about challenging this when I've had no say and minimal communication in the matter. I would have rather gone to court myself.
Insurance companies do not pay out if they can avoid it so the fact that they paid out says they do not agree with your version of what happened and hold you responsible. They even had the dash cam footage and still felt that you caused the accident.
You would not have communication about the accident, you were not the insured - you completed the details about what happened and that is that.Totally Debt Free & Mortgage Free Semi retired and happy0 -
Insurance companies do not pay out if they can avoid it so the fact that they paid out says they do not agree with your version of what happened and hold you responsible. They even had the dash cam footage and still felt that you caused the accident.
You would not have communication about the accident, you were not the insured - you completed the details about what happened and that is that.
That isn't really true. There is a lot of horse trading between loss adjusters, and you can have to fight hard in some cases to get your insurance company to bat for you. Mostly it isn't worth their time to spend months arguing over whether something is a 50/50, 100/0 or 0/100 on a sub £10k claim.
One of my friends was hit turning left by a driver coming from his left who had decided to drive on the wrong side of the road. My friend was checking for traffic on his right, not expecting to be hit head on by someone on the wrong side of the road.
It was assessed at 50/50 (the other driver was wrong for being on the wrong side of the road, but he was considered to be wrong for pulling out left while looking to the right.
After two years of bitter acrimonious dispute he eventually got a fault claim against the other driver (the deciding factor being the wording of the Highway Code at the time instructing drivers turning left to look right).
It made very little difference to anything really, and arguably just wasn't worth the stress and upset it caused him.
The wording of the Highway Code was changed the following year to tell people to look left as well though.0 -
having previously worked in motor claims for a couple of big name insurers, i would say trying to make any challenge is a complete waste of time and serves no purpose.
there is a reason it has been found 100% fault.
aside from the legitimate reasons, my personal opinion of your original posts sounds like you are one of those people who assumes indicating gives you right of way rather than waiting until 100% sure the path is clear.
but hey ho0 -
It doesn't matter whether he braked or not, you caused the accident full stop. You put the other driver in a position where, he probably had a split second to determine what to do and by the sounds of it he probably thought he couldn't stop in time so attempted to carry on, albeit pulling out wide to avoid you initially and hitting the central reservation which then pushed him onto your car. I really can't fathom why you don't get that you're completely at fault here.he braked behind me when I was already moving into the lane. the car had already decelerated to my speed when it was entirely behind my car, before he decideds to floor it clips something on his side then crashes into me.
yes the footage was sent in but I've heard nothing from claims company as it went on. I called at 3 montly intervals, ie. probably no one could be arsed to say anything because I wasn't policy holder.
I tell you what, if you that confident you know better than the insurance co. then put the footage up on youtube and lets all see for ourselves
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Accept and move on with your life.
If you want to reduce your premiums a bit then try keying in fault accident costs unknown...as you were just a named driver it would be reasonable to assume that you wouldnt know then end cost of the damage and you wouldnt be expected to know the extent of the injuries as that type of information is private.0 -
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