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  • FIRST POST
    • theone999
    • By theone999 20th Jun 18, 3:09 AM
    • 126Posts
    • 35Thanks
    theone999
    how to challenge an accident claim when you were "at fault"
    • #1
    • 20th Jun 18, 3:09 AM
    how to challenge an accident claim when you were "at fault" 20th Jun 18 at 3:09 AM
    I don't believe I was at fault and the other car had no evidence. The claim has already been settled but I have just found out about it, which is making it a nightmare to get future insurance. I was a named driver on someone else policy who had a protected NCD so I had basically no say in the matter, because it wasn't my policy and I don't think they were very bothered as they were not driving.

    if it's been settled in my absence and the company won't even tell me why they came to a "fault decision". how can I go about challenging this? Given that it wasn't my policy.

    the reason why I'm quite bothered is because the claim has come to 17k, which is a load of inflated repair costs and "whiplash" from the other party.
    Last edited by theone999; 20-06-2018 at 3:12 AM.
Page 2
    • AndyMc.....
    • By AndyMc..... 20th Jun 18, 2:29 PM
    • 1,753 Posts
    • 1,075 Thanks
    AndyMc.....
    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.
    Originally posted by theone999
    Oh you do care.

    So how do you think you can get out of this without an element of blame?
    Hi there! Weve had to remove your signature. Please check the Forum Rules if youre unsure why its been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • sheramber
    • By sheramber 20th Jun 18, 2:58 PM
    • 4,846 Posts
    • 3,633 Thanks
    sheramber
    you say if he had
    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.

    Surely, you are at fault if a manoeuvre by you necessitated someone else doing an emergency stop.

    If you hadn't pulled you could have ensured the crash did not take place.
    • waamo
    • By waamo 20th Jun 18, 4:21 PM
    • 3,667 Posts
    • 4,826 Thanks
    waamo
    I can't see an insurance company merrily handing over 17k without good cause. For that level of payout I would think they would take a good look at the dashcam footage and look to see if you could argue 50/50 at least.
    This space for hire.
    • debtdebt
    • By debtdebt 20th Jun 18, 6:11 PM
    • 545 Posts
    • 343 Thanks
    debtdebt
    Read the terms and conditions of the insurance policy which covered you at the time of the accident. They can dispose of any claim as they see fit without recourse to yourself or the policyholder.

    Also, why do people who cause accidents always think that the third party damages claims are always trumped up or inflated when they invariably don't have sight of the engineer's report, credit hire agreement or medical report not that they have the knowhow to value a claim with those pieces of information anyway.
    • marlot
    • By marlot 21st Jun 18, 6:45 AM
    • 3,525 Posts
    • 2,637 Thanks
    marlot
    However, I later obtained dashcam footage that shows the other car to have braked suddenly as he realised that my car was going over to the other lane but then stops braking and decides to gun it past me and I believe (though not explicitly shown) he ends up clipping his car against a static object on his side before slamming into mine and straightening the car out and shooting past me before braking to stop.

    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.
    Highway code rule 162
    Before overtaking you should make sure

    • the road is sufficiently clear ahead
    • road users are not beginning to overtake you
    • there is a suitable gap in front of the road user you plan to overtake.


    You were the person who started the chain of events. Maybe the other driver could have avoided you, maybe he could not - but you're still the root cause.


    Even if you were to get the degree of fault reduced from 100% your fault, to (say) 70%, I doubt it would make any difference to your future insurance costs.
    Last edited by marlot; 21-06-2018 at 6:49 AM.
    • Tarambor
    • By Tarambor 21st Jun 18, 12:03 PM
    • 3,222 Posts
    • 2,331 Thanks
    Tarambor
    OP you are 100% to blame. You pulled out into the side of a car that was already in the process of overtaking you due to the fact you didn't carry out proper observations before starting your manoeuvre.
    • caronoel
    • By caronoel 21st Jun 18, 12:32 PM
    • 869 Posts
    • 1,121 Thanks
    caronoel
    OP you are 100% to blame. You pulled out into the side of a car that was already in the process of overtaking you due to the fact you didn't carry out proper observations before starting your manoeuvre.
    Originally posted by Tarambor
    +1

    Pulling out into the course of an overtaking vehicle is reckless in the extreme. You could have killed yourself and others.

    You are lucky not to have been charged with dangerous driving.
    • theone999
    • By theone999 10th Jul 18, 4:48 PM
    • 126 Posts
    • 35 Thanks
    theone999
    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.
    Originally posted by foxy-stoat
    just a quick bit of info for anyone in the future who comes across this thread.

    this didn't work for me because when I asked for quotes with the actual figure, my last insurer logged it and as a final kick in the teeth wrote it down on the no claims discount as I left.

    I'm not sure if all companies do this or something similar. but I think the lesson here is deliberate ignorance is good, if you say you don't know, and you don't ask. then it'll be better. be vague and let them put the words into their own mouths. no figure is better than any figure, especially if it turns out to be something ridiculous like this.

    i'm assuming this is a localised company piece of data, ie when I did a quote with them. can anyone confirm whether

    1) all quotes are all passed onto a centralised CUE database
    2) whether quotes information are deleted after a period of time if the person was never a customer.

    basically I don't care about the NCD anymore as it was only 1 year.
    Last edited by theone999; 10-07-2018 at 4:50 PM.
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