Hi,

I was involved in an accident back in April. I was on a roundabout in the outside lane and a learner driver pulled out a couple of junctions ahead very slowly and I ended up just ahead of them. I indicated to turn off, expecting them to do so as well (I was turning off onto a dual carriageway). However they tried to keep going round the roundabout and hit the back of my car.

After months and months of messing around and delays and trying to claim through Easi Drive they said because there is no third party witness they cannot do anything beyond accepting the 50/50 settlement offer received by the third party insurance company. I rejected this and closed the case with them.

I then phoned my insurance company, Churchill, and tried to process the claim through them. They took my statement and responded to the third party claim. I received another offer for a 50/50 settlement from the third party insurers via my insurance company on Saturday. I have just phoned them up and rejected this. They have said it is now down to the third party insurers on whether they wish to take this to court or not. However, my insurance company have said they won't progress my claim unless I pay my excess. They say that if the third party insurers don't take this to court the entire claim will be dropped.

My excess is £750, and the estimated repair bill is £850. I cannot afford to pay this. I don't have that kind of money available to me. However my insurance company are refusing to do anything unless I have the car repaired and pay my excess. So I'm now stuck in the situation where my insurance company won't help and my car is SORN (tax and MOT expired end of June). Nobody seems willing to help me. What can I do to get this sorted?

Bump

It is a 50/50 claim, as you were in the wrong lane to indicate left.

Im surprised the insurer has offer 50./50

Fwog

No, I was already on the roundabout turning right. They pulled out next to me about 2 junctions after I entered the roundabout. They shouldn't have even entered the roundabout and are liable because they failed to give way at a roundabout.

If its a rear end shunt, there's no issue, the claim should be found in your favour. The examiner should have advised the learner to admit liability.

Have a word with your insurers and explain all the damage is at the rear of the car, ergo, your not at fault.

Fwog

Already have. The third party is claiming that I wasn't on the roundabout, that I was next to them at the junction and pulled out with them, then cut across them. They do however have several glaring holes in their statements. The main statement I have says the instructor was driving and that the learner driver was a third party witness. They also have down that my car is red. My car is blue. There was a red car next to them at the roundabout and it sped off really quickly. What I think happened was that car went and obstructed the learner drivers view of me on the roundabout. They then went when they shouldn't have.

At the moment liability is in dispute.