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Any insurance experts here?

Metal Mickey's picture

First of all, I don’t want to make this sound more serious than it is – it’s actually rather trivial in the great scheme of things, but I’m starting to worry about it, hence this post, and sorry if this is off our usual beat, but I thought if anyone can give me some sensible advice, it’ll be The Massive!

Last Summer I had a minor car accident – someone rear-ended me at a busy junction, no-one hurt, just body damage to both cars. As far as I’m concerned it was the other guy’s fault, he was going too fast and couldn’t slow down in time when the traffic stopped, he even apologised at the scene. Once it got to the insurance stage however, he’s blamed me for stopping short - it’s been dragging out for 9 months, and I’ve now been asked to provide a new statement as solicitors are getting involved, something that always gives me the willies.

My policy is fully comprehensive, so my question is basically, what’s my worst-case scenario here? Is this just the insurance companies arguing over which of them will be stumping up? Am I going to be liable for anything over my excess? How do these kinds of “he said/he said” scenarios pan out? Would it even go to court? ‘Til this I had a fairly perfect driving record, a no-claims bonus as long as your arm, so I’ve not been through anything like this before, and any advice will be welcome – cheers!

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Not an expert but...

Worst case scenario is I think, you will be covered by your own insurance policy less any excess. You may lose some no claims bonus unless you have one of those protected clauses, so you shouldn't be too out of pocket.
Another alternative is to get a friend of a friend of a friend to come forward as a witness if you know what I mean (nudge, nudge, say no more).

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Axekeith | 24 March 2010 - 9:46am

This happened to my friends wife

[who was pregnant at the time] many years ago. She was waiting to turn right and the other car crashed into her [no long term damage fortunately] The guy was all apologies at the scene and then changed his story afterward. Eventually it was all sorted in her favour, with no loss of no claims and all costs were recovered from the other party. It's not unusual for this sort of thing to happen, your own policy will tell you not to admit liability even when you know you were wrong.
I wouldn't worry about it, just stick to the truth.

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ChaosandMorphine | 24 March 2010 - 10:01am

IMHO M'Lud

If you were not reversing into the car you collided with you will be sound as a pound. I suppose insurance companies/solicitors have to earn their bonuses and also check you are not a chap what gets into scrapes every 5 minutes to rake in the wonga on a regular basis.

The three most important things to remember in future are; witness, witness & witness. Good luck.

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Beany | 24 March 2010 - 10:13am

This is absolutely standard practice now for claims

Senora Malo was involved in a collision last year : she was driving on the main road past a T junction (where a minor road joins the main road). A car left the minor road and collided with her. Photos taken at the time prove this, damage to the car was front of his, rear of ours, shards of his headlamp on road are consistent with our car being on the correct side of the road, he admitted it. Maps on Google maps show the junction clearly. But, 3 months afterwards, his insurers came back trying to shift the blame. I assembled some of our photos and drew lines locating them on maps and sent them out. Eventually when their insurers phoned, and she described the location, the person calling said "Drakemire Drive ? That's a T junction. He's wrong, isn't he?."

They rely on people being scared of lawyers. If your case is as simple as above, there is nothing to fear. Solicitors are only involved because they all speak the same language. The insurance companies drive down the cost of paid claims by making it harder to reach resolution.

Even if you did stop short of the junction, it is the responsibility of the driver behind you to be able to stop his car in the space he has left for himself. Get your insurance company to help - it's what you pay your premiums for.

We had another claim 6 years ago when someone drove into our car while it was parked, and later tried to blame us. I had to write a stern rebuttal of their 9 points of flim-flam and demand that they provide evidence for them before they backed down and paid up.

Stick to your guns.

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el hombre malo | 24 March 2010 - 10:47am

Wouldn't she be Señora Mala?

Or am I just being pedantic hispanic?

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ElBombero | 24 March 2010 - 5:51pm

Si, es veridad

But I'm not 100% Spanish, so I figured that was close enough for rock & roll.

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el hombre malo | 24 March 2010 - 6:07pm

Bueno, pero hablas bien

close enough for pasodobles, even. Buen dia, tio.

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ElBombero | 24 March 2010 - 6:18pm

Wouldn't she be Señora Mala?

Or am I just being pedantic hispanic?
Erm, sorry about the double posting. Slow machine and I hit "post" twice in impatience.

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ElBombero | 24 March 2010 - 6:02pm

Here in Oz...

...the blame, by default, would fall on the person who rear-ends you, unless there are exceptional circumstances (you had broken tail lights etc). I'd be suprised if it were much different in the UK.

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Podicle | 24 March 2010 - 11:56am

Should be open and shut.

He went into back of you. I had a similar open and shut case that dragged on - a guy reversed out of a supermarket carpark into the side of my car. He had no excuse but his insurance company still argued the toss.It got sorted in the end. Wouldn't worry about it to be honest.

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Steve Turner | 24 March 2010 - 1:36pm

You should be fine

It's 30 years since I passed my test, but the advice I was given then was clear enough for me to remember (and I'd be shocked if it's different now); it's the other guy's responsibility to keep back enough distance to stop in time, whether you had to brake suddenly or not. Solicitors? He's trying it on.

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johnlyons121 | 24 March 2010 - 3:18pm

Your'e not alone Mickey.

I have a situation not unlike your own.Back in January some clown reversed into me at a t-junction.He'd stopped in front of me at the junction and instead of turning left or right he proceeded to reverse into a driveway and straight into me.No witnesses I'm afraid,so I'm just going to stick to my guns and hope the other driver has some modicum of honour and tells the truth.Good luck mon ami.

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Pencilsqueezer | 24 March 2010 - 3:44pm

With some 35+ years

of insurance travails behind me, I would agree with the general consensus that the guy behind is, without doubt, 'to blame'. I consulted one of my dear chums who has been involved in motor claims as an inspector for many years and he agrees. He reckons it is a 'try on' which is used by a lot of people in this guy's position these days. He says you should state your annoyance at the extreme delay in the strongest possible terms, get the name of the person dealing the claim at your end, get the name of that person's boss and speak to the boss, kick up a stink, make a nuisance of yourself, threaten them with the Insurance Ombudsman etc.. In short, become the 'problem case' in the claims handler's basket that they want to get shot of. If you have a broker, he should be earning his crust doing all of this on your behalf.

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The Californian | 24 March 2010 - 4:08pm

I'm no expert but

I suspect that cases such as this one mean that insurance companies in the UK make sure that they've covered just about every angle before paying out.

Just stick to the truth and you'll be fine. (A pretty good maxim for life generally, I find.)

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Red Umpire | 24 March 2010 - 4:25pm

Be firm

Don't accept a "50-50, lets just forget about it and pay for our own damage" cos when you Google insurance experiences there are horror tales of people being sued for delayed medical injuries years after. It's his fault, let the records show it as so.

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kb | 24 March 2010 - 5:04pm

your damages

should be paid for under his policy by his insurers, and you shouldn't have to pay out anything at all - certainly no loss of excess on your policy - and if they persist start thinking about a counter claim for whiplash suffered by you in the collision!

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bargepole | 24 March 2010 - 7:46pm

Having been in the same situation...

....in both Oz and the UK I believe the rules are the same - it is the fault of whoever ran into the back of you, and as I understand it, that's the default because they didn't leave enough space to stop, doesn't matter how quickly you stop. If you had braked hard to avoid a child it makes even more sense. Ask a pleeceman. Your insurance company should be fighting this on your behalf, and if they won't, perhaps you need legal advice.

In one interesting (and presumably common) version, I had someone run into the car behind me which in turn hit me. My insurers claimed off the middle car's insurance, and his insurance had to claim both sets of damage off the first bozo who wasn't paying attention.

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Harold Holt | 25 March 2010 - 6:16am

Thanks to everyone!

I really appreciate the feedback, and I feel more on solid ground now.

There's nothing like receiving 5 pages of hardcore legalese to make you doubt your own name, but I'll be taking all of the above advice (summary: remember you're right, stand your ground, be firm, get angry, definitely accept no blame) and will try and update you at some point.

Cheers!

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Metal Mickey | 25 March 2010 - 8:59am
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