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insurance company claims accident will likey be 50/50 even without looking at evidence

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I'm having a really frustrating time with my direct line at the moment regarding an accident I was involved in on a duel carriage way roundabout.

 

I was in the inside lane going forward onto the 2nd exit. He was in the outside lane and needed to take the next exit. As the roundabout was full of traffic it seemed like he was running out of time to get into the correct lane to take his exit. there were cars bumper to bumper behind me but a gap appeared between myself and the car infront. I was going around 25mph at the time following the flow of traffic.

 

Next thing I knew I heard him accelerating really hard and he flew past me just as I was passing his intended exit. He clipped my car and scratched his car from front to back as he scraped the side of my car. He ended up in the lane he was heading for and I stopped on the verge of the roundabout. to me, he obviously found himself in the wrong lane and about to miss his turning, He took a risk to get through the gap and to do so he had to accelerate to twice the speed of moving traffic. He misjudged it and casused damage to both cars.

 

Ok so what my problem is that the insurance company - Direct Line - is representing both parties. Apparently the third party is not accepting liability and is saying it was my fault for obstructing him and because I wasnt taking the immediate turning I was infact in the wrong lane and therefore liable. I messaged the guy, who gave me his numner at the scence of the accident and asked him what he think happened. He told me that the insurance company told him that he was not liable because of these facts. He actually didn't know who was liable until they told him that I was!

 

Ive been told by direct line every time I call that its looking like it might be a 50/50 settlement which isn't right. theyre telling me this without actually having seen pictures of the damage or a full complete statement from the third party or myself!

 

I understand that insurance companies try to save money and time by just automatically ending cases like this on roundabouts as 50/50. They tell me that theyre acting very professionally but honestly I really don't believe them. they've told me that the damage evidence doesn't really matter and that its his word against mind which would mean we are equally liable. But what gets me is that his word was influenced by his insurance company which is also my insurance company!

 

basically I know he was in the wrong. He drove aggressively and dangerously and he took a risk that didn't work out. I wont back down on this as I don't want to have to pay the excess and lose my no claims bonuses and also raise my premium. most of all its the principal.

 

has anyone had this before and if so did you take the decision to another body and challenge the insurance company?

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It is in the insurers interest to go for a 50-50 split because it means that they get the excess money from both of you and also both of you lose your no claims discount which means that both of you will be paying increased premiums for a considerable time.

 

Also, it means that the insurer will not spend very much money on investigating the situation and trying to allocate blame to one party or the other.

 

It is profoundly unfair course and it is often very difficult to do anything about. In your case, you seem to have no witnesses.

 

It sounds to me as if this guy overtook you on the right and then cut across you to turn left. Is this correct?

 

What is the value of the damage?

 

You could deal with this either by beginning a complaint to the Financial Ombudsman Service or else, suing the third party in the County Court.

 

It would help if you posted up the photographs that you have and maybe a diagram


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Personally, if I were in this situation, i would also feel agrieved, because being in the inside lane, does not mean you would be taking next left, unless there is signage on the road, indicating that the lane was next left only. If you are in the outside lane needing the next left exit, which means cutting across other traffic, you either indicate slowly into the inside lane if other traffic lets you in or you go around the roundabout so it is safe.

 

As Bankfodder suggests, it is up to you to contest it. See what the highway code says on roundabouts. I will have a look to see what i can find.

 

It is obviously easier for Direct Line to settle 50/50. Not sure the FOS would be helpful in this situation, as i am not sure they will say much about Direct Lines conflict in dealing with both policies or deal with the liability situation.


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http://www.highwaycodeuk.co.uk/news-and-safety-tips/-highway-code-for-roundabouts

 

See section 186.

 

Suggest you try to get hold of someone senior in Direct Line Claims on the phone ( record call if you can) and follow it up in writing. Make your case and say you are considering court, as you don't think your driving had anything to do with the accident. The other driver accelerated to cut across you in a way that was not safe.


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hey guys, thanks for the replies.

 

I'm in the process of drawing up some diagrams so will post today

 

all a bit of a pain as I have to pay the excess of 350 to get the car fixed and just cant afford it right now so hasn't been great

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It is in the insurers interest to go for a 50-50 split because it means that they get the excess money from both of you and also both of you lose your no claims discount which means that both of you will be paying increased premiums for a considerable time.

 

 

They don't get the excess money.

 

Each customer pays their excess and can recover 50% of their excess from the other driver eg Direct Line.

 

Assuming each driver has the same excess then DL will end up with the same amount of excess in the pocket as if the accident was a 100% fault claim.

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Guest roaringmouse

Putting my ex-driving instructor hat on here....

 

Without seeing the actual junction, I have to assume that the left lane was NOT for only turning left, but that you did indeed have the option of going straight ahead.

 

If that is the case and things did happen as you say, then the other driver is 100% at fault. He was turning left, but was crossing the path of traffic legitimately going straight ahead and thus he was in the wrong lane. He could and should have turned right around the roundabout and come back around.

 

Of course, HIS version will be that you suddenly cut into his lane is my guess.

 

As far as your insurer is concerned, there is a conflict of interest. They cannot impartially represent you and the other party.

 

I would seek the advise of a solicitor in this case and make sure it is one who specializes in motoring.

 

Did you take any photos at the scene before the cars were moved? Do you have dash cams like me? Do you have independent witnesses? (never ask them, just note their reg numbers down)

 

HTH

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Just an update. Sent photos and video of the route I took. Plus accident report. Didn't hear anything form insurer for 2 weeks. No reply to the email to say they received the email. So I called today, the case worker said basically they'll see if they have got the email from me. She dos and said she review it today..have the feeling hey didn't really bother with it until I called.

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Similar happened to me. Traffic jam motorway. Hgv foot slipped off clutch. Rear ended me. He admitted it and wrote his details down as i was shaking.

fast forward.... his company denied being there. Till i produced paper he wrote on. They then said i must have rolled back... as he rolled foward! Flat road.

They pushed 50/50 all time and i blame sols... large co who used legal clerks and its just a numbers game. Eventually i had to give in although willing to go to court... as they withdrew financial/legal cost backing so couldnt afford risk. My advise is stick it out but get a specialist solicitor.

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Will do. It's a big loss for me as I've already had to pay out £350 excess to fix the far and my insurance premium has doubled to £2000 a year! And I've lost my no claims bonus. So it's no small matter, and the fact that they're so obviously trying to screw me over on this .. Makes it so frustrating. Does anyone who the Names of specialist solicitors that could help with this?

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Just spoken to my claim handler. In her words- I was in the wrong lane so it was my fault. To go straight ahead I should have been in the outside lane ( closest to the roundabout) but I was in the inside lane instead.

Whereas the third party was right as he was in the outside lane. And as both lanes were marked for the turning onto the a414 he would have been in the correct lane if he was either In the inside and outside lane.

I then asked what the third party said happened. He told them that I had failed to give way when entering the roundabout. So basically I wasn't even in the lane according to him. She then summarised it and said its better for eveyone or it's a 50/50 outcome. I really couldn't believe it! This woman is supposed to be representing me!

So basically in a very stuttery and unsure voice she told me that she hadn't looked at the damage report and pictures yet or had the paperwork back from the third party.

But still said that the damage is consistent with both sides of the story. Which is total clap. As he is saying I smashed into his car when trying to enter the roundabout. The damage on his car has no initial impact but Only a deep scratch running from the front to the back. I asked her to review the damage and tell me again that it is consistent with both stories. She then said she can't take the damage into account when assessing the claim.

I mean really.. She was so incompetent and such a bad liar that it was almost funny. But where does that leave me?

I have a young woman who clearly isn't representing me telling me it's better for eveyone to settle for 50/50.. I'm being ripped off by the company I pay to support me. Amazing! DIRECT LINE... Thankyou very much!

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Just spoken to my claim handler. In her words- I was in the wrong lane so it was my fault. To go straight ahead I should have been in the outside lane ( closest to the roundabout) but I was in the inside lane instead.

Whereas the third party was right as he was in the outside lane. And as both lanes were marked for the turning onto the a414 he would have been in the correct lane if he was either In the inside and outside lane.

I then asked what the third party said happened. He told them that I had failed to give way when entering the roundabout. So basically I wasn't even in the lane according to him. She then summarised it and said its better for eveyone or it's a 50/50 outcome. I really couldn't believe it! This woman is supposed to be representing me!

So basically in a very stuttery and unsure voice she told me that she hadn't looked at the damage report and pictures yet or had the paperwork back from the third party.

But still said that the damage is consistent with both sides of the story. Which is total clap. As he is saying I smashed into his car when trying to enter the roundabout. The damage on his car has no initial impact but Only a deep scratch running from the front to the back. I asked her to review the damage and tell me again that it is consistent with both stories. She then said she can't take the damage into account when assessing the claim.

I mean really.. She was so incompetent and such a bad liar that it was almost funny. But where does that leave me?

I have a young woman who clearly isn't representing me telling me it's better for eveyone to settle for 50/50.. I'm being ripped off by the company I pay to support me. Amazing! DIRECT LINE... Thankyou very much!

 

Suggest you put a letter together and write to the Head of Motor Insurance claims complaining about the way the claims handler is dealing with the claim. She admitted she did not have full information, yet had decided about who was at fault for the accident.


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Maybe off topic, but a dashcam will save all future hassle in the event of an accident.

I have mine hardwired and fixed so nothing is missed.

My wife also noticed that my driving is much more relaxed, probably because I know I'm recording myself

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if both party's are insured by direct line there's no real need to fight the case, if they do a 50/50 then both party's lose there NCB ect direct line in theory win 2 lot's of extra money from you both

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Yep that's what I'm expecting. Has been a good couple of months now and still waiting for her to respond. Nothing yet.

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Just an update and a question.

They did settle the claim 50/50 on the basis that I was in the wrong lane on the roundabout and therefore it was my fault. They even told me they were doing me a favour by settling it like that as they really should have settled it in the third parties favour. Is this for real? I had so young guy telling me this while his work colleagues could be heard sniggering in the background... Really unprofessional!

My question is- even though direct line admitted the third party lied to them initially and have a completely false account of what had happened to make me look as if I was in the wrong and then later changed their story completely to match mine.. Can they still possibly even take his case seriously? Is this correct?

For example- if I want to get away with an accident that I know was my fault, can I lie to see if I'd get away with it? And if it doesn't seem like I will can I change my story and have no repercussions what so ever?

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Just an update and a question.

They did settle the claim 50/50 on the basis that I was in the wrong lane on the roundabout and therefore it was my fault. They even told me they were doing me a favour by settling it like that as they really should have settled it in the third parties favour. Is this for real? I had so young guy telling me this while his work colleagues could be heard sniggering in the background... Really unprofessional!

My question is- even though direct line admitted the third party lied to them initially and have a completely false account of what had happened to make me look as if I was in the wrong and then later changed their story completely to match mine.. Can they still possibly even take his case seriously? Is this correct?

For example- if I want to get away with an accident that I know was my fault, can I lie to see if I'd get away with it? And if it doesn't seem like I will can I change my story and have no repercussions what so ever?

 

So did you write a complaint letter to Direct Line Head of claims as advised ?

 

If not, then you will be dealing with the general claims handlers and nothing will change. It will stay as a 50/50.


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So did you write a complaint letter to Direct Line Head of claims as advised ?

 

If not, then you will be dealing with the general claims handlers and nothing will change. It will stay as a 50/50.

 

 

Hi, not yet, that was my mission for tonight. Was waiting until they gave me a final answer on the claim

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