steve_b_wales Posted June 18, 2010 Report Share Posted June 18, 2010 A few weeks ago, a driver, in his transit van, pulled out of a layby and hit my rear nearside wing/bumper. After going through my insurance, and making a claim off his, my insurance company gave me the go ahead to get the repairs done (£1,420) I phoned the garge today to see when my car would be ready for collection, and was told that I had to pay a £275 excess charge, as the other driver did not admit liability. I have to pay this money, otherwise my car will not be released. What's my chances of recovering this £275 off the other driver by means of the small claims court, or off my insurance, as they did not tell me that the other driver had not admitted liability? Steve. Quote Link to comment Share on other sites More sharing options...
al4x Posted June 18, 2010 Report Share Posted June 18, 2010 talk to your insurers, if the guy pulled out into you it should be pretty irrelevant but just make sure they are going to fight it and reimburse you and your no claims Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 18, 2010 Author Report Share Posted June 18, 2010 UPDATE. I just contacted my insurance company who told me to forward the receipt (£275) to the solicitors who work for them. They will act on my behalf, at no charge to myself, and get (hopefully) the money back for me off the other drivers insurance company. I think I'm in with a fighting chance, as the other driver is maintaining that because he indicated ( I did not see him do that) that he was pulling out, then it's not his fault! The fight goes on!. Watch this space. Quote Link to comment Share on other sites More sharing options...
al4x Posted June 18, 2010 Report Share Posted June 18, 2010 that is irrelevant Steve, I pulled out of a junction in front of someone indicating who didn't turn off because she was too busy looking behind her at screaming kids and it went against me for pulling out Quote Link to comment Share on other sites More sharing options...
spence Posted June 18, 2010 Report Share Posted June 18, 2010 Just because he indicated doesn't mean he can pull out no matter what other traffic there is on the road, he can only do so when safe. Shouldn't be problem recovering the excess but may take some time. All policies these day seem have a compulsory excess figure even if you state no voluntary. at no charge to myself, You've paid for legal cover within your policy.................. Quote Link to comment Share on other sites More sharing options...
Vipa Posted June 18, 2010 Report Share Posted June 18, 2010 (edited) I think you will be fine Steve.... pulling out from a layby or road etc onto another road is a little like going into the back of someone (I know this because I did it to someone many years ago, even though he was traveling at twice the speed limit which meant he was upon me by the time I'd looked right then left then started to move.... couldn't prove the speeding though so it went against me.... this was in a 30 mph zone and his pickup ended up on it's roof 250 yards down the road after it completely removed the front end , including almost all of the engine from my brand new Renault Megane... doing the speed limit indeed!!!!!)..... It is always the fault of the person pulling out or rear ending unless it can be proved that there was a fault with the other vehicle such as non working brake lights, even then it's a dodgy call... The argument is that the person traveling behind should allow, at all times, enough room to stop safely in any eventuality, it is also the responsibility of the person joining the main carriageway to ensure that it is safe to do so. It is not your responsibility to drive defensively and avoid joining traffic. Edited June 18, 2010 by Vipa Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 18, 2010 Author Report Share Posted June 18, 2010 The driver who hit my vehicle was actually trying to do a U turn on a busy road. My car, and his, were facing up the hill, and he wanted to go down the hill. He just pulled out and hit my car. I'm thinking of writing a book about this episode. Does anyone want to buy the film rights? It's bound to be a best seller! Quote Link to comment Share on other sites More sharing options...
Ozzy Fudd Posted June 18, 2010 Report Share Posted June 18, 2010 UPDATE. I just contacted my insurance company who told me to forward the receipt (£275) to the solicitors who work for them. They will act on my behalf, at no charge to myself, and get (hopefully) the money back for me off the other drivers insurance company. I think I'm in with a fighting chance, as the other driver is maintaining that because he indicated ( I did not see him do that) that he was pulling out, then it's not his fault! The fight goes on!. Watch this space. thats usually the way it works, you may have to wait til the insurance companys fight it out amongst themselves, then when his admit liability youll be able to claim your excess back Quote Link to comment Share on other sites More sharing options...
paul1966 Posted June 18, 2010 Report Share Posted June 18, 2010 you find out just how good your insurance company is when you make a claim, that's why i am never using morethan insurance again, they took months sorting my claim which was a none fault accident. dealing with Indian call centres is like pulling teeth. Quote Link to comment Share on other sites More sharing options...
jonevo Posted June 18, 2010 Report Share Posted June 18, 2010 I had a similar incident and the insurance company advised me to use DAS,as these were the approved legal dept for the Insurance company, but they took ages and just sent reams of paperwork,but no action took place they offered me hire cars but no work could take place until excess money was recieved. I then contacted a solicitor in Liverpool called MJP who had my claim sorted and approved once the loss adjusters had seen it,in 3days. If I were you MJP are the ones to go for. If you want the details let me know,As I can vouch for their credibility,very good to talk to and an excellent service. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 18, 2010 Author Report Share Posted June 18, 2010 Cheers jonevo, I'll bear this in mind, should things go slow etc. Steve. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted June 18, 2010 Report Share Posted June 18, 2010 Don't forget to make sure you don't loose your no claim bonus. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted June 18, 2010 Report Share Posted June 18, 2010 Sue him on line. I have successfully sued quite a few people / firms. http://www.hmcourts-service.gov.uk/infoabo...laims/index.htm Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted June 18, 2010 Report Share Posted June 18, 2010 Insurance companies let this happen because its easier (cheaper) than taking him to court-they just lay some of the blame on you by default.If you have legal protction built into your policy they might be able to help but they will normally only defend you and not take action against a third party for you.Its quite cheap to insure your excess-might be worth thinking bout in future. Quote Link to comment Share on other sites More sharing options...
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