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Car accident - legal/insurance query


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Hello! I would really appreciate some advice please. In June of this year I was driving forwards through a privately owned public car park when a woman reversed her car out of a parking space into my rear wheel arch (passenger side). She was very sorry at the scene, I made sure she was ok and we exchanged details. I drove home and phoned my insurance company. I have followed all advice given to me by my insurance company and posted my statement off within 24hours of receiving it. Last Friday (26.8.11) I received a letter from my insurance company informing me that they are waiting for a statement from the other woman before they consider the 50/50 offer. I phoned my insurance company and asked what the 50/50 offer was!!! They told me the other woman told her insurance company that I was reversing at the time of the accident! This is a blatant lie and I am extremely determined not to allow this to go 50/50 out of principle (not just cost to me!). I have legal cover within my insurance. Surely the images of my car show that I was hit from the side (my car cannot reverse sideways). Do I stand any chance? I have no witnesses. :-( Thank you for any help you can give me.

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I had my 10 year old daughter in my passenger seat and the other woman had two young children in the rear of her car. She has no witnesses that I know of and if she has got a witness they would have to lie to back her up because I was not reversing! I do not have a witness although the car park was busy. The other woman was so upset at the scene I thought I wouldn't need a witness - lesson learnt! The legal protection team I spoke to said this will probably go 50/50. I think they have given up already! Thank you for your reply.

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Its up to you realy, let your insurance co deal with it how they see fit, and get your car repaired quickly etc; lose NCB etc and increased premiums next year!

or claim against her and insurers directly for all damage to your car ( get quotes for repair ) and send costs to them.

This may take a bit longer, and you may have to take her to court ( her insurers will probably not defend and want to settle ); your legal may be able to assist in this.

This way you do not lose NCB etc.

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Thank you for your reply. To be honest, I just did what my insurance company told me to do - my car was fixed within a week by a garage they told me to go to. I'm not going to settle for 50/50 because it was definitely her fault. I have legal protection - how much can I expect them to do for me?

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One other thing - her insurance company phoned me to ask for my 'version of events'. Are they allowed to do that?

 

Speak to your Insurers before you provide the third party Insurers with any information. Normally your own Insurers pass on your statement that you provided to them, so perhaps they are asking for another statement direct in the hope that you trip yourself up with slight differences.

 

Sounds a bit odd to me.

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Speak to your Insurers before you provide the third party Insurers with any information. Normally your own Insurers pass on your statement that you provided to them, so perhaps they are asking for another statement direct in the hope that you trip yourself up with slight differences.

 

Sounds a bit odd to me.

 

 

That is probably what they are trying to do.

 

If the OP had instructed solicitors then the TPI could not contact her directly.

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My ins company appeared shocked that her ins company had phoned me. As it stands my ins company are waiting for her statement. I think this is clearly a stalling tactic but very frustrating! Will I be able to read her statement when it appears?

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My ins company appeared shocked that her ins company had phoned me. As it stands my ins company are waiting for her statement. I think this is clearly a stalling tactic but very frustrating! Will I be able to read her statement when it appears?

 

Seeing a third parties statement can be difficult. You would definately see it if this went to court to decide on liability, but I think you would need to have the third parties consent outside of a court process. Your Insurers may let you know what it says if they receive a copy, but may not provide an actual copy to you.

We could do with some help from you.

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Now it has been sorted you will not have any say in the way your insurers settle the claim, that will be up to them i am afraid.

You just have to wait and see what they decide which will be the easiiest option; they will not go to court, and will settle as soon as they can to close out.

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:-( I think this is sadly going to go against me! So frustrating when I know I'm in the right! I won't be treating others with such trust in the future! A harsh lesson to learn. At least I can sleep at night. Thank you for all your help and I will keep you posted on the predictable developments.
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Hi guys, (sorry been offline, laptop decided to throw a wobbly lol)

 

On the subject of witnesses (I've been reading through this thread), anyone who was in either vehicle - CANNOT BE A WITNESS, as they wouldnt be impartial, it would have to be a bystander, someone in the shop/carpark/street etc UNRELATED to you who can act as a witness.

 

I wouldnt worry at this stage if they are suggesting 50/50, they are just waiting for her "statement" before they can try and claim anything anyway. In either case if it does go 50/50 that would also mean that she would have a "knock" against any No Claims she has so she doesnt get away without anything (which is the best case really as you wouldnt want them saying it was your fault!)

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Thank you eeyorebob. I realise my daughter could not be a witness. I also have a friend who can vouch for my original parked position, but being a friend she can't help. (although I need a witness that saw me driving forwards)

 

You are right, it could be worse, she could be blaming me 100%, I'm still not going to settle for 50 though! I'm an honest person but also very stubborn ;-)

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