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BLOODY INSURANCE SCAMMERS!
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:evil:

Some advice on how to deal with this would be very much appreciated guys.

Way back in December the Mrs got involved in an utterly stupid incident. She was sat in queuing traffic at a t-junction. A woman on the other side of the carriageway was exiting from where she was parked at the side of the road. Having been flashed out by a car which had just turned into the junction this woman shot across the bows of Steph's car, exploiting the fact that the queue Steph was in had literally just moved forward.

So the Mrs, having moved off from standstill to follow the queue, only saw her at the last moment (the position the woman had been parked in was behind where Steph was in the queue). The wife thought she'd stopped just in time.

Next thing the woman's out of the car and shouting her mouth off. There was a scuff on the other woman's rear bumper, but no mark on Steph's front bumper. Not surprising given that she'd literally just set off from moving and slammed back on - must've been a sub-5mph impact. In fact, Steph's friend in the passenger seat hadn't even realised they'd bumped.

Next thing this bint insisted the police turn up, which they duly did and were less than impressed. She then insisted they call for an ambulance as her passenger had sustained an injury, which after much debate about, they did. The ambulance guys were similarly not impressed, especially when she insisted they take her friend to hospital. In the end they caved in, after noting to the officers present that they didn't believe the individual was injured, and that it certainly didn't warrant a ride in the ambulance.

Moving on in time we found, not surprisingly that she's put in a claim for damage and injury. We aren't sure of the monetary extent of the claim but she had a total of 3 occupants in the car, including herself. Having had the police report (and presumably the paramedic's report?) and having Steph's version of events and diagrams, Axa have flatly refuted this woman's claim, laying the blame entirely at her feet. And quite rightly, as she didn't give way to traffic i.e. Steph.

This has dragged on now for 6 months, and we're coming up to renewal time. I'd like it sorted and obviously in the wife's favour given what's gone on. But I'm not sure what can be done about it really. What I'd like to do is put a letter together, with all the evidence listed, to send to her via her insurer - identifying how blame can be laid entirely at her feet.

Any of you guys able to suggest how we can try and progress matters? I know some of you have had issues with unresolved claims, albeit in slightly different circumstances.

:(

Want the good news or the bad news Mike? I deal with the NHS RTA side and we've got some claims from the 90's still unresolved!

Worth banging in the difference in insurance through small claims? Is it not £50 to register a small claim? Might be the incentive you need to make them GTF.

Bit confused how an insurer on one side can reject a claim but it remains outstanding on the other though? :?

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Mash

As I see it the issue to be resolved is simple, Al. Is the wife at fault?

She hit the rear of the other car, yes. However, the other car shot across the road from a parked position behind the wife's car. Steph therefore couldn't have anticipated what was coming, and the other woman quite clearly did not give way to traffic, despite the fact that she ended up in front and was hit on the rear.

Steph's insurer agree and are refusing to admit Steph was at fault in any way. Hence the stalemate. Part of the trouble is the wife's too laid back about it, leaving it with her insurer to sort. I'd be on the phone every other week if it was me, checking for updates.:roll:

I had thought about threatening small claims for the additional costs, but don't most insurers give a full refund on the difference if a claim goes in your favour?

Claim is clearly still open as the other side are disputing it though? Any help from the law that attended? That should go in your favour if they are in agreement with AXA.

If them and AXA are both saying GTF, then the other insurer should GTF and tell their client to shut their pus.

Any clue as to what the justification for keeping the claim open is?
If it's the injury claim but your wife isn't at fault, then that is between the other party and their insurer with the third party cover, no?

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Mash

Not sure what their justification for continuing is, and I've been pressing the Mrs to bloody well find out. I've also asked her to find out what the police report says.

I can only assume that their claim for injury would be dropped if their insurer backed down on the issue of fault.

Swervin_Mervin said...

Not sure what their justification for continuing is, and I've been pressing the Mrs to bloody well find out. I've also asked her to find out what the police report says.

I can only assume that their claim for injury would be dropped if their insurer backed down on the issue of fault.

Not necessarily. If the other parties have made a claim for injury and it's genuine then the other insurer would need to see that out with them.

You can't just claim you weren't injured because it was your mate's fault! :D

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Mash

Aye, true.:lol:

I just want to force the issue now as I'm bored of waiting.:D

I've only ever had to defend one claim before myself, and it was left mostly with me to do it as my insurer were willing to throw the towel in. I won after sending a letter direct to their solicitor outlining the evidence that was stacked against them.

Use the fact that all insurers are money-grabbing, non-paying cnuts to your advantage, and get their insurer convinced it's a lost cause and tell their client to ram it.

"Al off the internet says your clients are chancing bar stewards and should ram their shonky claim so hard up their hoops they actually are injured"

That should do it.

Make sure you put a wee disclaimer about accepting no liability for damaged hoops though, just to be on the safe side.

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Mash

In terms of time, things can and will drag. I'm now in month ten of my claim where another driver drove into the back of me when I braked for a bus before a bridge with lots of signs saying high vehicles drove in the middle of the road. He called the police who basically told him he was a bad driver and should drive slower and less close to cars in front (oh and not shout at people you hit because of your bad driving).

The lovely policeman who crowbarred the back of my car off the wheels so we could drive it home seemed to appreciate the task as it seemed to reduce his apparent desire to sink it into the guy that called them over the dumb woman who stopped in front of him ("Sir, are you suggesting she should have driven into the bus?").

Liability has never been in question but it's now going to court. When I had to renew insurance four months in I spent about five hours pleading my case and managed to get my no claims. I'm yet to get any advice that suggests I could resolve things quicker. If you can't negotiate then take the hit on insurance and hope to claim back.

I gave up calling weekly because it was driving me crazy. I hate being passive but I've given up on this battle. I just sign the stuff my solicitor sends and generally try not to think about it.

--

"Evana is witty and seemingly unfazed by anything"

"Ninja poster. Emerges from shadows deals killer blow/ comedy gold and disapearred from whence she came."

Tastefully kinky

We had a case drag out ( it was swiftcover ) for a matter that my wifes car was hit in a carpark with my wife not present.

My wife emailed and phoned , whilst creating call logs herself and emailing them in every other day.

They soon get annoyed and want you off the case.

The other thing we wheeled out was the ombudsman threat. . .

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GiraffeIT.com / Installations / Support / Training
evo featured Renault Megane R26 (c) Barry Club.

Cheers chaps and chappesses. I've encouraged her to at least put a raft of questions to her insurer.

I understand it may go on and on, but I think it's important to at least make the other party aware of one's position, and refusal to budge.

A lot of people don't like them, but have you thought about instructing an accident management company to act on your behalf?

This company always gets well recommended on PH

Lots of good advice above. To collaborate it, I would personally ring them & give them xx amount of days to settle the matter or tell them you'll hand the matter over to a company like Accident Exchange & the insurance ombudsman.

Might be worth putting in a counter claim for your increased premiums too. Get quotes for next years insurance with a non fault accident & un-resolved accident & see what the difference is. Get it in writing too & submit it as uninsured losses.

Had to do all the above when I had my accident in the Rallye, but it worked in the end!

Best of luck dude.

--

Cheers,

Gwaredd

steelesigns.co.uk

Thread bump!

Things have moved on a little with this case and I'd be interested to hear people's views, particularly Mr Jobson's on this. Earlier this year the other party filed a claim in the courts against Steph for losses relating to requiring physio, damage to the car etc. Her insurer at the time of the incident, Axa, subsequently appointed a solicitor who's been compiling the case since then.

I've been less than impressed to be honest as the standard of English has been p1ss poor and they've kept getting facts that we've relayed wrong. We've even re-written half of what they've produced.

Today she got a call saying they'd received the other party's statement outlining she was now saying that she turned from a side road and that's why she was at a slight angle in the road, not that she'd come from a parking space to the right of Steph. However, the side road is 30m further back - there's no frigging way on earth that she'd still be at an angle in the road having turned out of there.

Despite this, the solicitor is all set to recommend to the insurer that they settle the original claim, even though he's looked at the aerial image of where this side road is. Do we have any recourse on this?

I'm actually going to produce what we call a Swept Path Assessment at work illustrating the point, using AutoTrack software. He's prepared to reconsider in light of any new evidence, but having just looked at the aerial myself I can't believe we even need to provide anything more it's that bloody clear. :evil:

Makes my p1ss boil. I'm trying not to stereotype what with the solicitor being a scouser. :evil:

I'll pop the image up shortly.

ETA: Oh and apparently the other party's tried to claim Steph drove into the back of her deliberately. WTF would she do that at such a low speed as to not cause any damage, and then to not make any claim for injuries or damage herself?

Updated January 8, 2013 at 11:44 PM

Other party's car in blue, Steph's in red. Other party's now claiming she came out of the side road to the south and ended up in that skewed position just before the keep clear markings.

I'd love to be able to offer constructive advice Mike, but other than commending you for continuing to fight when you are clearly in the right.... I cant give you much. :?

What is the potential downside? That Steph gets hit with a "fault" as opposed to "no fault" claim?

Yes mik. But she's had to put it down as that for 2yrs now so probably won't make much difference to the premiums.

It's just plain old not on. That's why she's insistent they keep fighting. To be fair we thought it had disappeared, then the court papers turned up in summer. To give Axa their due they've been proactive all the way through and seem keen do as much as they can as they're confident it's a scam as well. It's the feckin' lazy and unprofessional solicitors that are handling it I have zero time for.

Updated January 9, 2013 at 12:30 AM

Having seen a mate go through something similar (albeit with a pedestrian who thought it prudent to run across the road in front of him), this will end up in court as long as you keep insisting Steph wasn't at fault.

The judge will put a lot of weight on the police report. In my mates case, the police officer was summonsed and attended court and made it very clear to the court exactly what he thought of the so-called victim. This, plus the evidence, plus the fact the 2 guys were idiots led the judge to call them the least credible witnesses he'd ever had in his courtroom.

Just a couple of things from your drawing, and I'm only playing Devil's advocate here: the gap must have been pretty big because she pretty much got her entire car in there when the collision occurred. Given the low speed of the impact, it would appear to a dispassionate 3rd party that Steph should've seen her and braked in time. Just be prepared for that line of questioning.

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Jobbo said...

Rev is correct, of course

You say the third parties written English was bad, what race were they?

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