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Other driver at fault - Aviva trying to settle as no fault - advice please


Bfarm1911
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In January of this year,

I was hit by another car that drove between two lanes of traffic to overtake me from the left.

The car pulled out in from to me, lifting my car off the ground and damaging the front side panel and bumper.

In doing so they damaged all of the side of their car.

 

 

Their damage to their car starts at the top higher up and then drops down.

There were no witnesses to the accident , but there are photographs of the damage, which I believe support my case.

 

 

The other driver has claimed that I overtook them from the right,

in doing so that I mounted a raised diver between separating me from traffic coming from the opposite direction.

I do not think that the evidence supports this.

 

However Aviva are now saying that the want to settle this as a no fault claim,

unless I can provide a witness of CCTV evidence, which I can't.

 

 

Worse still, the are implying that may settle the claim in favour of the other driver,

unless I accept this.

 

I have indicated that I am not willing to and would be happy to go to court on the matter.

Any advice please ?

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In January of this year,

I was hit by another car that drove between two lanes of traffic to overtake me from the left.

The car pulled out in from to me, lifting my car off the ground and damaging the front side panel and bumper.

In doing so they damaged all of the side of their car.

 

 

Their damage to their car starts at the top higher up and then drops down.

There were no witnesses to the accident , but there are photographs of the damage, which I believe support my case.

 

 

The other driver has claimed that I overtook them from the right,

in doing so that I mounted a raised diver between separating me from traffic coming from the opposite direction.

I do not think that the evidence supports this.

 

However Aviva are now saying that the want to settle this as a no fault claim,

unless I can provide a witness of CCTV evidence, which I can't.

 

 

Worse still, the are implying that may settle the claim in favour of the other driver,

unless I accept this.

 

I have indicated that I am not willing to and would be happy to go to court on the matter.

Any advice please ?

 

Insurance companies don't want to incur costs arguing about accident fault. There are no independent witnesses or CCTV of the accident.

 

The Insurers do normally consider how a Judge would view the accident based on the information available. Ask yourself the question as to whether if you issued a court claim against the other driver, how would you convince a Judge that the other driver was 100% at fault. If you think you can do this, there is nothing stopping you issuing a court claim against the other driver. Your Insurers won't cover your costs in doing this and if the Judge rules in favour of the other driver, you could end up in a worse situation, with a larger liability that your Insurers won't cover.

 

If you have legal cover under your policy, you should speak to the helpline to see what advice you can get. I think they will tell you that if you decide to issue a court claim against the other driver, it would be at your cost and risk.

 

You might decide to accept the accident as a 50/50 on the basis there is not much you can do. In future have a dash-cam fitted to cars and stop to collect independent witness details.

We could do with some help from you.

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