Insurance company run around

[dccantona]

Further to this . I am now been given the run around by Zurich. They state the other party is disputing this & 3 weeks ago requested a diagram. As I pointed out if they haven't sent back the request may well indicate their true position. However they claim not to be able to do anything until they receive this. So I posed the question what if they do not receive this. No answer. Another point is that whilst I am fully comp; my excess is £450 I am not in a position to pay/ don't want to; I have a feeling my insurance premium will go up and continue for next 5 years. Has anyone tried to put in a claim for additional future increase in payments when this is a no fault accident? Also any advice on how to expedite matters with Zurich. I have already suggested I am considering a Claims Management Company!

 

original post below

Any general advice please.

 

I was involved in an accident whilst coming towards a Keep Clear Box.

 

The road had filtered into 2 lanes and as I arrived at the KCB a 7.5 truck was on the inside lane.

I noticed a vehicle suddenly pulling out from a Ford garage and the driver looking left then suddenly pulled out turning right and straight into my offside.

He claims that I was in the KCB .

 

He was potentially obscured by the truck but should have shown more caution .

 

My point is I was not in the box and though he claimed I was this meant that I would have had to be hit then decide to reverse backwards with traffic behind me.

 

What I would like to know is even if I was in the box moving forward or stationary am I at all culpable?

Without the box he has pulled out of a side entrance and hit my car on the main road.

The fact that 2 of his colleagues said they saw me in the KCB when they work in the garage 50 metres away makes little odds to me.

 

Also the garage manager refused to give me the drivers details ; stating that

" all my insurance company want to know is that he was a Ford technician".

 

I have asked the Ford Dept to verify if a police report was filed within 24 hours as I did not receive the details.

 

Any views thanks.

Also just received a response from Ford

 

Unfortunately I cannot comment on the circumstances as we do not yet have the completed accident report form for our driver.

 

I can advise that the drivers name has been given as J>*** *******r.

We are not obliged to give his personal address, as he was an employee driving in the course of his duties the business address is sufficient.

 

All correspondence should be directed to the address below.

 

As I understand it, the vehicle belongs to a customer and therefore once again I cannot give you their personal details.

 

The insurance company is *******. However they will not be aware of the accident until we receive the form and forward it to them.

 

Now I do not have the driver details but they are refusing to give owner details. No mention of police report also.

[dccantona]

I received a reply from the other insurance.Please find our clients statement and sketch below.

 

We can confirm we hold you fully liable for performing a manoeuvre by overtaking a line of stationary traffic when unsafe to do so.

We can confirm we will not be making a claim against your insurance as our client is not comprehensively covered under their policy.

We would request in future please liaise with ourselves rather than our client directly.

We look forward to your comments regarding this and a statement and sketch by return.

 

Well our client is not comprehensively covered What can this mean even if 3rd party & I'm at fault there is a claim. Still will not provide keeper details. Legal requirement?[ATTACH=CONFIG]46544[/ATTACH][ATTACH=CONFIG]46545[/ATTACH][ATTACH=CONFIG]46546[/ATTACH][ATTACH=CONFIG]46547[/ATTACH]

Anyway this is their drivers statement. Interesting how the diagram shows the road very narrow before KCB. This is strange as this was not an accident anywhere in the country ; he works there, everyday. Slightly disingenuous .

[ATTACH=CONFIG]46542[/ATTACH]The road shows 2 lanes after KCB. However before as indicated by photos there 2 lanes of traffic which everyone uses to filter left or right. I also found this

 

22.24 The KEEP CLEAR marking is legally

enforceable only when used in conjunction with an

upright sign to diagram 642.2A and backed by a

traffic regulation order. However, without regular

enforcement action, the mandatory version is unlikely

to be any better respected than the advisory marking.

22.25 When the mandatory marking is used on a

road where waiting restrictions apply, the yellow

lines to diagram 1017 or 1018.1 are needed only

if a restriction on the same length of road applies

at times other than those covered by the stopping

prohibition. If the KEEP CLEAR marking is advisory,

yellow lines will always be needed if a waiting

restriction is in force. The lines will be positioned

136

WORDED AND DIAGRAMMATIC MARKINGS

between the KEEP CLEAR marking and the kerb.

Similar rules apply to the use of “no loading” marks

on the kerbs. In a controlled parking zone, yellow

lines will always be required whether or not the KEEP

CLEAR marking is mandatory.

To answer Darrfyddi it's 4a 4a.) before the KCB and the 3rd party steared right, into your front bumper/bonnet?

Does anyone know if its illegal to filter right/left on the road without clear markings. Though I see it all the time. Anywhere in the Road Traffic Act etc

[Nimrod205]

What the other driver claims is physically impossible. The keep clear box is only marked in the left-hand land lane. If you were passing a 7.5 ton lorry that was stationary immediately before the keep clear box, there was no way you could have been in the box when you were hit by the other vehicle.

 

There were no warning signs that a keep clear box was present and there is actually no requirement for any to be in place. In fact, the 7.5 ton lorry would have prevented you from seeing that there WAS a keep clear box immediately in front of him.

 

You were not overtaking. You were simply passing what you assumed to be a stationary vehicle. If there was no oncoming traffic and you were driving slowly, it was not unsafe.

 

The other driver emerged from a side opening onto a main road without taking effective observations. He should have waited until he was satisfied that there was no traffic approaching from his right hand side. In other words, waited until the stationary vehicles had passed through the box.