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Insurance claim advise needed please!!


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Hello all. Im in need of some help.

 

Basically, my sister had a small accident when reversing off our driveway in July 2007. She was reversing off our driveway and at the same time a woman was reversing up our street on the wrong side of the road. They both didn't see each other and the rear corner of both cars made contact. My sister stupidly didn't come inside to tell anyone and didn't take any pictures, just took insurance details and the woman drove off. My sisters wheels were still on the footpath and just the back end was 'hanging' over the road. So you can tell how far on the wrong side of the road this woman was reversing.

My sisters insurance company Privilege have been dealing with this appallingly. Its taken them nearly a year to get anywhere at all. Privilege said it offered a 50/50 claim as both cars were reversing, the womans insurance company rejected this offer and refused to take any blame. Now we have had a letter from Privilege saying:

 

" Please note that the other side have rejected our offer of settlement on a 50/50 basis.

 

Unfortunately, given that their insured was on the main road and you were coming off your driveway, we would not have a strong enough case to justify pursuing this matter further through the courts.

 

I regret to advise you that will not be able to effect a recovery for you in this instance and propose to close your file.

 

I will however leave it open for 14 days for any further comments you may wish to add."

So basically the other side refuse and Privilege chicken out and give in.

The other woman had to provide drawings of the event. She put my sisters car in the middle of the road and her reversing out of the street on the correct side of the road. How convenient, shame its a blatant lie.

I have done a quick sketch to explain the incident a little better.

Accidentdrawing.jpg

 

Where the 3 cars are parked she claimed it was a 'turning circle' that was full. Its a parking space to fit 3 cars, stupid woman. She claimed she could not do a turn in the road and had to reverse out. I'm sorry but she was in a small fiesta. A Frontera can turn round in the road even if those spaces are full. You'd have to be driving a bloody long car to not be able to turn around in our street.

 

So we're stuck. Privilege want to close our file. She is lieing through her teeth but we don't have any pictures to prove our side. The damage is going to cost about £700 to fix. My sister's car is an R reg Rover 416 that we bought cheap off a family member for £600. This car has been dealer serviced since new upto 75k miles and now its on 91k and its in great condition.

To top it all off, the womans son comes down our street all the time in his fancy BMW that must have bought for him (he looks about 17). He flies down the street, picks up his girlfriend, then reverses out of the street as fast as he can on the wrong side of the road just like she did. ARGHHH Can you see why this is annoying me so much.

 

Is there anything at all we can do? Would the Financial Ombudsman be able to help? Has anyone used or known of people using a company like INSCO and are they worth trying?

Any helpful tips or guidance would be much appreciated.

 

Redrevis

Edited by redrevis
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OK, it may not be the answer that you want, but in my view your sister is 100% to blame. I would say that Privilege have had a damn good try to get a better deal for you - particularly trying to push 50/50.

 

She was reversing off a private driveway onto the carriageway; the onus is on her to ensure that it is safe to do so.

 

The fact that the other woman was reversing is fairly irrelevant - she was proceeding in the normal direction of travel for that side of the road. If is she wasn't, it was still for you sister to give way to any traffic on the public highway when joining.

 

The rest of your post about the age and excellence of the car and the behaviour of the other driver's son is just not relevant to the incident. Your sister would still have been wrong in a brand new Bentley.

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No photo's, no witnesses, no admission of liability by the 3rd party = no chance. Sorry to sound harsh but you are going to bang your head against a brick wall with this.

 

The 3rd party has rejected a 50/50, is she holding your sister liable and persuing costs from her insurance company or is it just being dropped altogether?

I'm the Mummy and quite frankly, the CSA can kiss my butt!! :lol::lol:

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