Help - really worried about RTA Claim

[mexy71]

Originally Posted by Mossycat

Hey up Revolting Peasant

If the damage was more to the drivers door of the original poster then I would agree, however have another read of the damage to both cars. It's not exactly a text book T bone.

I think they will argue that the OP should have exercised more care whilst on the main road. (They have to argue something since they want their costs and I think this is most likely).

However the OP has now posted some comments made by the other side which could well swing the argument in their favour.

Mossy

Follow on! Just to clarify the accident damage, as i didnt explain it to well before! I have since checked the damage on my car - the collision happen corner to corner - not front or side...thanks :O)

[Mossycat]

It's not 100% in your favour yet and possibly may never be, only an admission by the other party that she drove into you would guarantee that.

Bear in mind that just as the other driver isn't qualified to state you were speeding (she may claim you were) neither is your witness qualified to state you were not speeding but it's in your favour as his word will help negate her claim.

The solicitor acting for her is highly unlikely to retract immediately, remember he only gets his fee if he wins and so will want to explore how much damage this witness is likely to do to his case. I really do suspect he is on a no win no fee basis here, so if your witness is a strong one and likely to support your version they may well back off or it may help you get your claim for uninsured losses dealt with which would undermine their case.

What you need to do is pursue your claim against her insurers and use your witness to assist. Yes I know that's the same insurers as you, but that makes no odds to how to proceed.

OK a few questions

1) Do you have comprehensive or third party insurance

2) If comprehensive do you have an excess

3) What other unisured losses do you have (loss of use, hire car, out of pocket expenses, were you injured, loss of earnings, general inconvenience)

4) Have you appointed anyone to act on your behalf to recover these unisured losses (ie solicitor etc)

I'm asking these questions because you may need to take some action now.

[Mossycat]

Originally Posted by mexy71

Follow on! Just to clarify the accident damage, as i didnt explain it to well before! I have since checked the damage on my car - the collision happen corner to corner - not front or side...thanks :O)

Yeah I gathered that from your description, corner to corner is not so good as her front end and your drivers door.

Don't take that as me disputing your version, but remember I was not present at the accident and neither was the Judge (if it goes to Court), if you are both blaming each other the collision damage as stated would lean towards a split liability (anything from 50/50 to 75/25 in your favour (you were on the main road)), hence why independent witness could well be a vital aspect.

Mossy

[mexy71]

Originally Posted by Mossycat

It's not 100% in your favour yet and possibly may never be, only an admission by the other party that she drove into you would guarantee that.

Bear in mind that just as the other driver isn't qualified to state you were speeding (she may claim you were) neither is your witness qualified to state you were not speeding but it's in your favour as his word will help negate her claim.

The solicitor acting for her is highly unlikely to retract immediately, remember he only gets his fee if he wins and so will want to explore how much damage this witness is likely to do to his case. I really do suspect he is on a no win no fee basis here, so if your witness is a strong one and likely to support your version they may well back off or it may help you get your claim for uninsured losses dealt with which would undermine their case.

What you need to do is pursue your claim against her insurers and use your witness to assist. Yes I know that's the same insurers as you, but that makes no odds to how to proceed.

OK a few questions

1) Do you have comprehensive or third party insurance

2) If comprehensive do you have an excess

3) What other unisured losses do you have (loss of use, hire car, out of pocket expenses, were you injured, loss of earnings, general inconvenience)

4) Have you appointed anyone to act on your behalf to recover these unisured losses (ie solicitor etc)

I'm asking these questions because you may need to take some action now.

1) i have comprehensive

2) yes i have excess - 250

3) i have out of pocket expenses, i was injured, have suffered loss of earnings & general inconvenience and plus the fact i had to buy a car to run round in

4) because i wasnt covered on my policy for legal expensive insurance i appointed a solicitor.

Just to say i appreciate your hepl and advice! thanks

[Mossycat]

Originally Posted by mexy71

1) i have comprehensive

2) yes i have excess - 250

3) i have out of pocket expenses, i was injured, have suffered loss of earnings & general inconvenience and plus the fact i had to buy a car to run round in

4) because i wasnt covered on my policy for legal expensive insurance i appointed a solicitor.

Just to say i appreciate your hepl and advice! thanks

OK this makes it easier, the solicitor acting on your behalf will handle what needs to be done. Have a chat with him, advise him about this independent witness, they will write to him with a witness statement, when it is received back (if it shows you in a good light) they will send a copy to her insurers in support of your claim.

Basically because you are both insured by the same Insurance Comapny both your and her solicitors will be writing to them claiming the unisured losses.

Mossy

[mexy71]

thanks again for all you good advice.... my claim handler has rejected the offer of 50/50, would you know what will the other solicitor plan plan of action be? thanks

[Mossycat]

Originally Posted by mexy71

thanks again for all you good advice.... my claim handler has rejected the offer of 50/50, would you know what will the other solicitor plan plan of action be? thanks

In cases of uninsured loss recovery what usually happens is that the third party (or person acting on behalf of) writes in detailing what the uninsured losses are and stating why they think the other person is responsible. The claims handler will look at your version of the events and also the damage sustained to both vehicles and form an impression as to who was responsible.

If your claims handler has refuted the offer of 50/50 as put forward by the other party then it is now up to them to provide more evidence to substantiate their claim. Ultimately they could issue proceedings and let the Court decide on liability.

If you haven't told your own insurers about the witness you NEED TO DO THIS NOW, because that witness statement will augment their denial of liability.

Mossy

[mexy71]

Originally Posted by Mossycat

In cases of uninsured loss recovery what usually happens is that the third party (or person acting on behalf of) writes in detailing what the uninsured losses are and stating why they think the other person is responsible. The claims handler will look at your version of the events and also the damage sustained to both vehicles and form an impression as to who was responsible.

If your claims handler has refuted the offer of 50/50 as put forward by the other party then it is now up to them to provide more evidence to substantiate their claim. Ultimately they could issue proceedings and let the Court decide on liability.

If you haven't told your own insurers about the witness you NEED TO DO THIS NOW, because that witness statement will augment their denial of liability.

Mossy

I telephoned my solicitor and advised them about the witness. They said they will do everything from here. I know they have wrote to the witness. They never advised me to contact my insurers.... is there a reason for this....? or should i still advise my claim handler about the witness or will my solictior do that for me?
I feel that have to project manage the whole situation for my own best interest, as i will be gutted if this goes 50/50 as i know she is 100% to blame. Again thanks for advice :O)

[Mossycat]

When you filled in the accident claim form there will have been a question asking if there were any witnesses to this accident, if that wasn't filled in then YOU need to inform your insurers about the witness.

Your solicitors need these details because they are claiming your uninsured losses.

Your insurers need these details because they will be defending a claim against you.

Your solicitor would not normally inform your insurers about a possible/potential witness.

Mossy

[mexy71]

i have photos of the layoutof the junction and the road after the accident, does anyone think it is worth sending to my insurance co., just so they get a'picture' of the accident (where i was going and where she was trying to get toand the witness spot), As the 3rd party has photos of the accident scene at the time. thanks agin!

[Mossycat]

By all means send them to your insurers and also a short descriptive note stating what they show.

They will help your insurers to defend the claim against you. Also copy them to your soilictors to help them in your claim for uninsured losses.

Mossy