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Insurance nightmares

noodle Sep 11, 2003

  1. noodle

    noodle Member

    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
  2. dbm

    dbm Active Member

    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.

  3. mramage

    mramage Member

    Dan, I must remember that, what an excellent tip! /ubbthreads/images/graemlins/beerchug.gif
  4. noodle

    noodle Member

    /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
  5. Snail2

    Snail2 Member

    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...
  6. viper

    viper Member

    i was hit in the rear, third party taking the ****** **** 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

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