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Insurance nightmares

Discussion in 'General Chat' started by noodle, Sep 11, 2003.

  1. noodle
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    noodle Member

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    [Sep 11, 2003]
    This is worth a try I guess. Sorry there is a bit to read, but could do with help/advice.

    I was involved in an accident on 27 June where I was overtaking three cars and a lorry.
    The road was clear hence my decision to overtake. On arriving at the car before the lorry, they decided to pull-out, into my passenger side, causing some damage to the bumper, front wing, door and rear wing.

    Their version of events was that I tried overtaking whilst they were overtaking, which is utter bollards /ubbthreads/images/graemlins/mad.gif

    The long and short of it is that their insurance company want to settle on a 50/50 liability, as there were no witnesses /ubbthreads/images/graemlins/shocked.gif

    Fortunately my insurance company (admiral) have been very good and are desputing the third party claim and a settlement of 50/50 liability.

    So here's why I posted.
    I'm looking for similiar case law which I could use if/when this goes to court - and I hope it does.

    I have been told of one already - 'Holdack v's Bullock Bros', but can't find the transcript anywhere on the net, or any others for that matter.

    Could do with help on this, as I don't really want to except the 50/50 liability /ubbthreads/images/graemlins/confused.gif

    /ubbthreads/images/graemlins/beerchug.gif for any help
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  3. dbm
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    dbm Active Member

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    [Sep 12, 2003]
    Plus, use the Data Protection Act to get a copy of the other party's statements to their insurance company.

    I did this in an accident where the other party changed their statement. The information I got showed the change in their story, showed my insurance company I was serious about not being to blame, and their insurers had even commented that they were probably to blame! Best £10 I ever spent.

    Dan
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  4. mramage
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    mramage Member

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    [Sep 12, 2003]
    Dan, I must remember that, what an excellent tip! /ubbthreads/images/graemlins/beerchug.gif
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  5. noodle
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    noodle Member

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    [Sep 12, 2003]
    /ubbthreads/images/graemlins/beerchug.gif fellas.

    A glimmer of hope /ubbthreads/images/graemlins/laugh.gif

    I received a letter from Admiral today which included some information from the third partys solicitor.

    After what read like it being all my fault there is a gem at the end.
    To quote, it says, "However having reviewed the evidence thoroughly it would seem clear that the third party pulled across the front of the insured's vehicle. I cannot see anyway possible that the accident has not happenned in this manner" /ubbthreads/images/graemlins/grin.gif

    Now to me that sounds like it's cut and dry, however it goes on to say that it comes down to being able to convince a judge where I was when the other car pulled out and why I could not have avoided the collision /ubbthreads/images/graemlins/burningmad.gif

    For furks sake, what are you supposed to do when you get nearly level with another car, whilst overtaking, and they pull out. You have very little thinking time..

    I will get a copy of their doc's for my own records, just incase.

    I'll keep you informed of the developments.

    Thanks again /ubbthreads/images/graemlins/beerchug.gif
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  6. Snail2
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    Snail2 Member

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    [Sep 16, 2003]
    A mate had a very similar accident....and after 2+ years its only just been resolved, as the guy spent a long time in hospital, and even now they are trying to get out of paying medical bills...
    #5
  7. viper
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    viper Member

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    [Oct 21, 2003]
    i was hit in the rear, third party taking the feckin piss paying out loss of earning and personal injury.

    they have been enquiring with my employer for the past 11 months, like hello i do work there! my manager says they contacted her in january and she aint heard from them since.

    damn feckers
    #6

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