The fully comp insurance covered legal expenses but now say after their investigation, (they didn't even check that parking on that road at the time is illegal)that if I choose to go to accident lawyers, I will be liable to pay everything. Details of accident were that I was joining a clear lane and somebody cruising a busy road overtook my witness's car on the left and joined lane beside mine. there was a parked car on his lane so he tried to squeeze btw the parked car and mine, therefore changing lanes and unable to stop in time. His car was written off, the parked car had the front h/lights and surrounding smashed and my car had slight dent and scratch as I had stopped in time. My witness hadn't seen the actual accident as he was further down the road at the time - my lane was clear at the time I tried to join it. Any suggestions?
2006-10-22 21:57:25 · 7 answers · asked by Maiyuri P 1 in Politics & Government ➔ Law & Ethics
The legal cover companies will only take on cases where they are guarranteed to win.
Find out how much it will cost in legal fees to fight your case and compare it to how much you will lose from your insurance if you get them to pay for the damage.
You may find that you will be better off not to pursue the matter.
I know, you want justice to be served but sometimes you have to take a hit, it's unfair.
2006-10-22 22:13:32 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I used to work in accident claims.
Basically, if the two of you have had an accident where you are side by side, its really hard to prove fault without a witness.
Insurance dont tend to worry about whether or not parking is legal, so forget about that. Its not really relevant to the claim. The parked car was stationary so cannot be held at fault. The fact that it was parked illegally is a matter for the police, not insurance.
He is probably saying to his insurer that you squeezed past him, as there are no witnesses, the legal cover have no way of proving who is at fault, therefore the best out come will be a 50/50 result, affecting both your insurance policies. I know its unfair, but if someone doesnt want to tell the truth and there are no witnesses, nothing can be done to prove the case in your favour.
I would honestly not bother trying to take this further, it is not possible to prove what happened, so im afraid you will just have to put up with it, unfair as it is.
Sorry.
lozz xx
2006-10-22 22:13:28 · answer #2 · answered by lozzielaws 6 · 0⤊ 0⤋
It would appear from what you say that the other driver damaged your car and not very much at that.
His car was badly damaged as was the parked car.
The other driver should be claiming on his insurance and the parked car on his own insurance and you from your insurance if it is worth it.
The insurance companies will then deal with each other and pay out accordingly.
If your insurance covers legal expenses then it should do just that. They are playing the game and hope to fob you off with the first answer and hope you go away.
Write to them with a clear explanation of the circumstances complete with a diagram of car positions etc, and suggest that they do what your insurance premiums were designed to do. Deal with the insurance company direct and by-pass the broker if there is one.
I hope you informed the police at the time which you are required to do what ever the causes and severity of the accident. If they are still intransigent then ask for details of how to complain to the Insurances Ombudsman.
Best of luck.
2006-10-22 22:18:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I cant see the problem here , if you'r insured fully comp your car gets repaired irrispective of whos fault it was , so what's the problem !
2006-10-23 00:06:25 · answer #4 · answered by nicemanvery 7 · 0⤊ 0⤋
it may be that you have to use the lawyers that your insurance company provides, check your T&C's.
you caould always do a no win no fee and then no matter what you won't have to pay.
2006-10-22 22:00:22 · answer #5 · answered by Helen 4 · 0⤊ 0⤋
as far as im aware you can have what ever solictor you like, just you pay for them already but using another you will pay again... can you get a witness to say something? if you know what i mean...
2006-10-22 22:08:35 · answer #6 · answered by stuio 3 · 0⤊ 0⤋
Pretty Helen - NO WIN NO FEE - means if you win THERE IS a fee !!!!
2006-10-22 22:09:54 · answer #7 · answered by the thinker 3 · 0⤊ 0⤋