Insurance open claim problem

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Insurance open claim problem

Elizabeth13

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Feb 18, 2011
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Hi all

Just looking for some opinions, advice or recommendations.

I had an accident on a very busy large city roundabout, where i was slowly moving forward to join when being hit by someone else. The front of my car was only over the line about a foot on the right side, the left still behind the line (the road markings curve).

It was a green light to allow me forward to the edge of the roundabout - but not to directly let you on, but this is irrelevant as i cannot prove it and have no witnesses that stopped - so i know he went through a red light and was rushing to beat traffic but this can't be proven.

Regardless, the driver (after stalling 5 months) finally divulged his route and admitted to my insurance company that he was knowingly in a "Left Hand Turn Only" lane and failed to turn left (he would have essentially avoiding using the roundabout by just slipping off to his left, the exit before me where i was sat waiting. So now it is clear he was skipping traffic, going too fast, through a red light (but my word against his), and did not indicate he was going to change lanes to come towards me instead of turning off.

Now the problem. My insurance company say i am to blame completely. Their reasons being:
1. They cannot prove he changed lanes.
2. By the time he didn't turn left i would have known this and so knew he wasn't turning left.

I have tried explaining to them that he said he was in a left hand lane, and when the collision then occurs in another lane that clearly means and is proof he has changed lanes. It appears i am talking to myself though, and is the only person who thinks this is proof?
I have also told them that when a car is going about 15mph or more, and doesn't turn off on this roundabout, then there is literally a split second between him not turning off and reaching me. The way they worded it, it is as if they are saying i intentionally have caused this accident!

Has anyone else had similar problems? Does anyone know anyone i may be able to contact to get help and advice about this?
The excuses they have given for why it's my fault sound ridiculous to me! Surely if i am going to be blamed then they need better excuses than those two explained above??
Considering it will put my insurance up £500 being at fault for this, it's not really something i want to just shrug off.
 
Hi there Elizabeth13

What is clear to me is that there is a legal dispute behind the scenes between both the insurance companies at hand. Both insurers most likely do not want to chase the case further as it is costly and your insurance company for some unknown legally disputed reason would rather safely claim the insurnace money back from you.

One big factor in this case is that the driver has admitted to the misuse of the roundabout and the left hand lane "ONLY" which he used to crash in to your car :mad:. This is your stronghold as he simply, as you have mentioned, has admitted to the negligence and careless driving that has lead to this accident.

As you have stated I presume that your insurance company has received the confession and admittance by the driver is question for the misuse of the public roads and road traffic acts so...:confused: that is all the proof they need. There is no way that your insurance company after the statement issued by the driver in question will able to prosecute you over the cause and claim, simply disputable and suable.

The reason why this thread caught my eye was due to equal similarity that it resembles over my friends partners recent dispute with her insurance company. Insurance company's may want to scare you down in to thinking you have no way out but all it takes is a simple dispute and some thorough research and they eventually will buckle over their accusations.
 
Is it the case that he was already on the roundabout before you? If so there is an argument that you should have given way to him which could be why the insurers are being difficult.
 
Sorry to say but irrelevant of what lane he was in he was on the roundabout in you as someone joining the roundabout have to give way to those already on it :(

Just like you shouldn't take another road users indication for gospel neither should you their road positioning. Get it lots up our area with holiday makers being in the wrong lane and unfortuantly is something you have to be careful with and expect. :(
 
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