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I need help with a car insurance claim that is not our fault. A little complicated maybe?

by vicx44 09 November 2010 |

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Ok, so my other half borrowed my Dads veichle, insured through our own policy. Only third party fire and theft under the driving other veichle section of the policy.
Anyway. Other half was driving on a single track road, that is quite bendy etc. THey caught a glimpse of another car aproaching so they moved over and mounted the verge, but kept driving. The other car seemingly didn't see him though and they colided head on.
I have taken pictures. Mainly AFTER the accident. A friend took a picture of where the other car ended but not in situ with the viechle my other half was driving.
I have pictures of damage to both veichles. It clearly shows that the drivers side of te veichle my other half was driving took the most impact, yet on the other carr, it is the whole of the front. I also have a picture of tyre marks that show where we started pullin gover before the collision.
There was anoter person in the veichle with my other half who is unsure if the other car didn't actually accelerate rather than brake, and my other half isn't convinced the other car applied teh brake until after impact.
So. Our insurance wants us to pay the £400 excess on our policy to fight for us, we will get it back if the other bloke is found to be at fault.
Can I process the claim myself through his insurance to avoid the excess? £400 is a lot just before Christmas. Its bound to be long and drawn out and I probably won't get it back for ages.
As we were driving on 3rd part F and F, i know our insurance won't pay out on the veichle of my dads, but as we feel strongly the other driver is to blame for going too fast for the conditions and not giving way, I don't see why it should cost me £400. We are already replacing my Dads veichle out of our own pocket initially so would like something back.
When I rang the other drivers insurance they said as it was head in there was no obvious liability too.
Sorry if it doesnt make sense.
Any help greatfully recieved.

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Comments (2)

824

MikeGG1 posted
£400 for legal representation is probably well worth it. You probably have difficulty establishing that it was the other driver's fault without a solicitor.
You need to be able to establish that your OH had pulled over far enough for the other car to get through and/or the speed and lack of braking was a major contributor to the accident.
If there wasn't enough room for the 2 vehicles to pass, the result would tend to be 50/50 unless you can establish that the other driver should pay a higher proportion because of not pulling over, if able, or failing to slow down, thereby causing a greater impact than your OH.
Good luck.
Mike
Posted on 09 November 2010 | Love 1 love Report
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time2go posted
Agree with MikeGG1.
Plus if you succeed you may also be able to claim for the cost of your Dad's vehicle. Maybe just tell your family and friends their presents will be a bit late this year? I'm sure they would understand.
You have the photos of the tyre marks and an independent witness, that's a good start.
If you don't spend the £400 then both insurers will be more than happy as their costs have been reduced.
In my opinion this is often the reason behind insurers arguing 'Knock for Knock' when there are accidents at roundabouts. If it were me I would pay the £400, but then ask that you have a say in which solicitor is instructed.
Posted on 10 November 2010 | Love 0 loves Report

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