Advice with Insurance claim needed Quickly please

Bigw2069 · 12-01-2006, 21:20

I had an accident over two years ago on a roundabout, a young lady was in the left turn only lane and i was to her right in the left turn/straight on lane. We were both signalling to turn left in paralell, i pulled off into the roundabout slightly quicker than the young ladt and as i went to take the outside lane of the first exit she thumped into my passengers side rear quarter with her drivers side wing.

To cut a long story short The insurance tried to sort it out as a 50:50 which I declined, i said to take it to court, which it is on the 17th of January.

Her insurance has now come back with an offer of 75:25 in favour of me, the only thing is i have to either accept or decline tomorrow (Friday) as time is ticking.

Should i stand my ground, go to court with the chance of just getting a 50:50 or worse(Maybe better).

Or should I Just take the 75:25 and be happy, im not entierly sure how that will affect my insurance though.

We're not talking alot of money here, my excess was £250 but that was paid 2 yrs ago so i'm not missing it. Just feel it was 100% her fault and my principles are struggling to let me back down.

So, someone make my mind up for me

ag.morley · 12-01-2006, 21:25

If they are offering 75/25 to you I think they must be on a loser and are hoping you will except so they can save face...............screw em!!

( don't blame me if you lose though)

Bigw2069 · 12-01-2006, 21:31

I love the disclaimer

ag.morley · 12-01-2006, 21:36

may be a daft question but is scottish insurance law the same as English insurance law..

Bigw2069 · 12-01-2006, 21:40

I'm not 100% sure to be honest, but my company is based in England, but the solicitor they gave me is Scottish.

I cant imagine there would be a whole load of difference between the two

ag.morley · 12-01-2006, 21:44

I have a friend who was a policeman in Glasgow I know Scottish civil Law is differant to English Law. Just wondered if Insurance Law was the same...........................Anyway Just Screw em

eatsoot04 · 12-01-2006, 22:23

Screw em there on the run by the sounds of things. Youll struggle to it being put down to your fault. the girl has obviously been happy to offer you more so she must have been advised its not 50 50....and if it aint 50 50....its someones fault....i.e hers

***DGW*** · 12-01-2006, 22:29

A bird in the hand is worth 2 in the bush. JMTPW.

PS: She was in the wrong lane but on the other hand your exit wasn't clear. 75:25 sounds about right.

heresmo · 12-01-2006, 22:46

If your insurance company is going along with the 75/25, does this mean they've concluded from both sides of the story that that's the best they can get? Have you asked them, and also what effect it will have on your policy if you do accept, or not?

Have you tried looking for quotes from new insurers based on "this" or "that" outcome? You will need a fall-back insurance position either way methinks.

IOW to me it isn't the outcome of the case, but where you go from there. Your future lies with dealing with insurance companies IMO, rather than car wars opponents.

Just my opinion and best for whatever the outcome.

Regards
Mo

Bigw2069 · 12-01-2006, 22:48

Quote:

Originally Posted by DGW

A bird in the hand is worth 2 in the bush. JMTPW.

PS: She was in the wrong lane but on the other hand your exit wasn't clear. 75:25 sounds about right.

I see your point, but i was over the exit line when she hit me... i suppose the only reason i was is because i accelerated when i seen her coming straight on though

Glider · 12-01-2006, 23:27

Derek, a quick call to your insurance comapny in the morning to see how this would effect your NCB may influence your choice. Whats your solicitor saying or is he a to55er like the rest.

Bigw2069 · 12-01-2006, 23:36

Quote:

Originally Posted by black magic

Derek, a quick call to your insurance comapny in the morning to see how this would effect your NCB may influence your choice. Whats your solicitor saying or is he a to55er like the rest.

I think she cant be ar5ed making the journey to Dunfermline sherriff court from Glasgow and would be happy for me to accept the offer.

But tbh she hasnt really advised me either way, when i asked her opinion she said
"Well that'll be up to the judge if you take it to court"

No 5hit sherlock

**JaneC** · 13-01-2006, 00:09

Worth popping over to www.5ive-o.com and posting on there. There are a couple of insurance guys on there who are excellent at answering this sort of thing.

Bigw2069 · 13-01-2006, 01:10

Ta Jane, i forgot about them, I'll give em a try

neelyp · 13-01-2006, 10:36

Same thing happened with me at Newbridge roundabout going onto M9 except I was on the left and the other car cut across the front of me, I hit his back wing with the front corner of my car.
Insurance came back with 50/50, then 75/25 in the middle of December, instructed my insurance co to ask exactly what 25% was responsible for. Got a cheque on Hogmonay for the full amount of my excess

If you go 75/25 you will get back 75% of you're excess, it will also affect you're next premium because you are deemed partially at fault.
If you believe you are totally blameless go for it, if they have changed their opinion of who's to blame once they can do it again.

Bigw2069 · 13-01-2006, 16:20

Just called my solicitor and asked her opinion, she could hear the unwillingness to accept 75:25 in favour of me, she then contacted the other parties solicitor and came back with a 90:10 to me,
I suppose its a result, still feel a little miffed, but i could go to the court and a Sherriff having a bad day could have made it 50:50 or worse i suppose.

As stated in a post above, my 10% is for the fact that i should have been beyond reasonable doubt that my exit path was clear, no matter how much i contest that it was unavoidable this is my word against hers.

Tom_vRS · 13-01-2006, 16:29

Quote:

Originally Posted by Bigw2069

Just called my solicitor and asked her opinion, she could hear the unwillingness to accept 75:25 in favour of me, she then contacted the other parties solicitor and came back with a 90:10 to me,
I suppose its a result, still feel a little miffed, but i could go to the court and a Sherriff having a bad day could have made it 50:50 or worse i suppose.

As stated in a post above, my 10% is for the fact that i should have been beyond reasonable doubt that my exit path was clear, no matter how much i contest that it was unavoidable this is my word against hers.

It seems to me that they are clearly trying to get whatever they can out of you/your insurer, when they know they are liable.

Get them to settle 100% or take it to court - I think thats the best option.

If you accept 10% liability, then you will lose all your no claims and get back £225 of your excess - have I read that right?

peterc10 · 13-01-2006, 17:03

What does the 10% represent in actual money? They won't go to court for just a gew pounds (probably) - trouble is they call your bluff!

Tom_vRS · 13-01-2006, 17:05

Quote:

Originally Posted by peterc10

What does the 10% represent in actual money? They won't go to court for just a gew pounds (probably) - trouble is they call your bluff!

10% of £250 is £25 - but its not just the cost of the excess - its the recovery costs to BOTH vehicles, the repair costs to BOTH vehicles, injuty costs to ALL parties etc etc. Could be a substantial amount of money.

I don't think the issue is the excess to be reimbursed as such - more the loss of no-claims, and having to tick that box that says "Accident - NCB lost" when it comes to renewing...

johnjohnhealy · 13-01-2006, 17:11

IMO, if they are prepared to offer 90/10 then they are on the run, dont give in, stick to your guns and stuff em in court!!

In any type of confrontation if the other party gives a little you have the upper hand!!

MarkyMarkD · 14-01-2006, 02:05

I don't believe the argument about "not checking your exit path was clear". If the roundabout has two left turning lanes signed, and you follow the correct path, and collide with someone who you KNOW was in the extreme left lane who has randomly changed their mind about their direction, then it's their fault. Not 90%, 100%.

It's different to the situation if you had already been coming around the roundabout, in the central lane, and had cut across someone who was driving straight on (say) in the outside lane of the roundabout. Then it WOULD be your fault for not ensuring your exit was clear.

The fact that they are crumbling from 50% to 75% to 90% means that they are desperate to avoid going to court - surely at this stage even 10% of the total accident cost is fairly small compared to court/solicitors' costs and they should give in?

heresmo · 14-01-2006, 13:21

Well, Bigw2069 said he had to accept or decline on Friday, so please put us out of our misery Bigw2069 and tell us what you did, pretty please?

That said, how can there be a time limit on such a dispute? What's that all about?

Ta
Mo

Bigw2069 · 14-01-2006, 16:37

Quote:

Originally Posted by heresmo

Well, Bigw2069 said he had to accept or decline on Friday, so please put us out of our misery Bigw2069 and tell us what you did, pretty please?

That said, how can there be a time limit on such a dispute? What's that all about?

Ta
Mo

the time limit was that it is due to go to court on monday morning and my solicitors dont work at the weekend.

At this moment in time i am still going to court on Monday morning with my solicitor thinking that a final offer will be put to me on Monday befre the case.
whether thats 100% or not still has to be seen, also allows the solicitor to find out who the sheriff is which may give an indication of a possible outcome.

Fingers crossed

heresmo · 14-01-2006, 20:52

Fingers appropriately crossed

Mo

ag.morley · 14-01-2006, 21:01

As stated in my First reply " Screw Em " (again don't blame me though if you lose ) 90/10 sounds to me like defeat..Good Luck, Not that you need it!!!!!

12-01-2006, 21:20	#1
Bigw2069 Moderator Join Date: Jan 2004 Location: Rosyth,Scotland Posts: 5,685 Members Car: Noddy Car Thanks: 211 Thanked 234 Times in 195 Posts	Advice with Insurance claim needed Quickly please I had an accident over two years ago on a roundabout, a young lady was in the left turn only lane and i was to her right in the left turn/straight on lane. We were both signalling to turn left in paralell, i pulled off into the roundabout slightly quicker than the young ladt and as i went to take the outside lane of the first exit she thumped into my passengers side rear quarter with her drivers side wing. To cut a long story short The insurance tried to sort it out as a 50:50 which I declined, i said to take it to court, which it is on the 17th of January. Her insurance has now come back with an offer of 75:25 in favour of me, the only thing is i have to either accept or decline tomorrow (Friday) as time is ticking. Should i stand my ground, go to court with the chance of just getting a 50:50 or worse(Maybe better). Or should I Just take the 75:25 and be happy, im not entierly sure how that will affect my insurance though. We're not talking alot of money here, my excess was £250 but that was paid 2 yrs ago so i'm not missing it. Just feel it was 100% her fault and my principles are struggling to let me back down. So, someone make my mind up for me __________________

12-01-2006, 21:25	#2
ag.morley Insecure Join Date: Sep 2004 Location: right on track........ Posts: 4,948 Members Car: Volvo 2.4 T SE XC70 Auto running on LPG Thanks: 14 Thanked 79 Times in 33 Posts	Re: Advice with Insurance claim needed Quickly please If they are offering 75/25 to you I think they must be on a loser and are hoping you will except so they can save face...............screw em!! ( don't blame me if you lose though) __________________ I now own a Volvo 2.4T Automatic V70 XC 4 wheel drive, Estate, running on LPG......In a Lovely shade of Gold "BRISKOLVO ".......THE UK'S ONLY MEMBER......." IT'S THE WAY FORWARD "

12-01-2006, 21:31	#3
Bigw2069 Moderator Join Date: Jan 2004 Location: Rosyth,Scotland Posts: 5,685 Members Car: Noddy Car Thanks: 211 Thanked 234 Times in 195 Posts	Re: Advice with Insurance claim needed Quickly please I love the disclaimer __________________

12-01-2006, 21:36	#4
ag.morley Insecure Join Date: Sep 2004 Location: right on track........ Posts: 4,948 Members Car: Volvo 2.4 T SE XC70 Auto running on LPG Thanks: 14 Thanked 79 Times in 33 Posts	Re: Advice with Insurance claim needed Quickly please may be a daft question but is scottish insurance law the same as English insurance law.. __________________ I now own a Volvo 2.4T Automatic V70 XC 4 wheel drive, Estate, running on LPG......In a Lovely shade of Gold "BRISKOLVO ".......THE UK'S ONLY MEMBER......." IT'S THE WAY FORWARD "

12-01-2006, 21:40	#5
Bigw2069 Moderator Join Date: Jan 2004 Location: Rosyth,Scotland Posts: 5,685 Members Car: Noddy Car Thanks: 211 Thanked 234 Times in 195 Posts	Re: Advice with Insurance claim needed Quickly please I'm not 100% sure to be honest, but my company is based in England, but the solicitor they gave me is Scottish. I cant imagine there would be a whole load of difference between the two __________________

12-01-2006, 21:44	#6
ag.morley Insecure Join Date: Sep 2004 Location: right on track........ Posts: 4,948 Members Car: Volvo 2.4 T SE XC70 Auto running on LPG Thanks: 14 Thanked 79 Times in 33 Posts	Re: Advice with Insurance claim needed Quickly please I have a friend who was a policeman in Glasgow I know Scottish civil Law is differant to English Law. Just wondered if Insurance Law was the same...........................Anyway Just Screw em __________________ I now own a Volvo 2.4T Automatic V70 XC 4 wheel drive, Estate, running on LPG......In a Lovely shade of Gold "BRISKOLVO ".......THE UK'S ONLY MEMBER......." IT'S THE WAY FORWARD "

12-01-2006, 22:23	#7
eatsoot04 Briskodian Join Date: Dec 2004 Location: nr Manchester Posts: 835 Members Car: Thanks: 0 Thanked 0 Times in 0 Posts	Re: Advice with Insurance claim needed Quickly please Screw em there on the run by the sounds of things. Youll struggle to it being put down to your fault. the girl has obviously been happy to offer you more so she must have been advised its not 50 50....and if it aint 50 50....its someones fault....i.e hers __________________ Alex Revo Chilly Alpine ICE Cupra Intake Green Cotton Filter RS6 wheels 184 BHP

12-01-2006, 22:29	#8
*DGW* BRISKODA Staff Join Date: Oct 2002 Location: Cambridgeshire Posts: 17,300 Members Car: Octavia 1.8T 4X4 Estate & Fabia vRS Thanks: 51 Thanked 208 Times in 157 Posts	Re: Advice with Insurance claim needed Quickly please A bird in the hand is worth 2 in the bush. JMTPW. PS: She was in the wrong lane but on the other hand your exit wasn't clear. 75:25 sounds about right. __________________ Denis 2002 Octavia 1.8T 4X4 turbo Estate - rebreathed on by Jabba ... 31.93mpg 2007 Fabia vRS - CC, ESP and full leather trim by Seat Surgeons ...48.57 mpg... Last edited by DGW; 12-01-2006 at 22:33.

12-01-2006, 22:46	#9
heresmo Briskodian Join Date: Jan 2005 Posts: 12,572 Members Car: Thanks: 52 Thanked 151 Times in 127 Posts	Re: Advice with Insurance claim needed Quickly please If your insurance company is going along with the 75/25, does this mean they've concluded from both sides of the story that that's the best they can get? Have you asked them, and also what effect it will have on your policy if you do accept, or not? Have you tried looking for quotes from new insurers based on "this" or "that" outcome? You will need a fall-back insurance position either way methinks. IOW to me it isn't the outcome of the case, but where you go from there. Your future lies with dealing with insurance companies IMO, rather than car wars opponents. Just my opinion and best for whatever the outcome. Regards Mo

12-01-2006, 23:27	#11
Glider Briskodian Join Date: Aug 2004 Location: Central Scotland Posts: 2,432 Members Car: Thanks: 5 Thanked 50 Times in 31 Posts	Re: Advice with Insurance claim needed Quickly please Derek, a quick call to your insurance comapny in the morning to see how this would effect your NCB may influence your choice. Whats your solicitor saying or is he a to55er like the rest. __________________

13-01-2006, 00:09	#13
JaneC Beeming Join Date: Jan 2003 Location: North Essex Posts: 3,294 Members Car: Blue Z3 Thanks: 0 Thanked 23 Times in 17 Posts	Re: Advice with Insurance claim needed Quickly please Worth popping over to www.5ive-o.com and posting on there. There are a couple of insurance guys on there who are excellent at answering this sort of thing. __________________ Jane.

13-01-2006, 01:10	#14
Bigw2069 Moderator Join Date: Jan 2004 Location: Rosyth,Scotland Posts: 5,685 Members Car: Noddy Car Thanks: 211 Thanked 234 Times in 195 Posts	Re: Advice with Insurance claim needed Quickly please Ta Jane, i forgot about them, I'll give em a try __________________

13-01-2006, 10:36	#15
neelyp Briskodian Join Date: Jun 2005 Location: Falkirk Posts: 394 Members Car: Octavia vRS, black Thanks: 2 Thanked 3 Times in 3 Posts	Re: Advice with Insurance claim needed Quickly please Same thing happened with me at Newbridge roundabout going onto M9 except I was on the left and the other car cut across the front of me, I hit his back wing with the front corner of my car. Insurance came back with 50/50, then 75/25 in the middle of December, instructed my insurance co to ask exactly what 25% was responsible for. Got a cheque on Hogmonay for the full amount of my excess If you go 75/25 you will get back 75% of you're excess, it will also affect you're next premium because you are deemed partially at fault. If you believe you are totally blameless go for it, if they have changed their opinion of who's to blame once they can do it again. __________________ As I slide down life's bannister You are the splinter in my scrotum

13-01-2006, 16:20	#16
Bigw2069 Moderator Join Date: Jan 2004 Location: Rosyth,Scotland Posts: 5,685 Members Car: Noddy Car Thanks: 211 Thanked 234 Times in 195 Posts	Re: Advice with Insurance claim needed Quickly please Just called my solicitor and asked her opinion, she could hear the unwillingness to accept 75:25 in favour of me, she then contacted the other parties solicitor and came back with a 90:10 to me, I suppose its a result, still feel a little miffed, but i could go to the court and a Sherriff having a bad day could have made it 50:50 or worse i suppose. As stated in a post above, my 10% is for the fact that i should have been beyond reasonable doubt that my exit path was clear, no matter how much i contest that it was unavoidable this is my word against hers. __________________

13-01-2006, 17:03	#18
peterc10 Briskodian Join Date: Jun 2005 Location: South East Posts: 474 Members Car: Thanks: 0 Thanked 0 Times in 0 Posts	Re: Advice with Insurance claim needed Quickly please What does the 10% represent in actual money? They won't go to court for just a gew pounds (probably) - trouble is they call your bluff!

13-01-2006, 17:11	#20
johnjohnhealy Briskodian Join Date: Jul 2005 Location: UK south east Posts: 2,428 Members Car: Superb 130pd Thanks: 1 Thanked 13 Times in 12 Posts	Re: Advice with Insurance claim needed Quickly please IMO, if they are prepared to offer 90/10 then they are on the run, dont give in, stick to your guns and stuff em in court!! In any type of confrontation if the other party gives a little you have the upper hand!!

14-01-2006, 02:05	#21
MarkyMarkD Briskodian Join Date: Feb 2005 Location: Leics UK Posts: 318 Members Car: Fabia vRS new September 2005 in Black Thanks: 0 Thanked 0 Times in 0 Posts	Re: Advice with Insurance claim needed Quickly please I don't believe the argument about "not checking your exit path was clear". If the roundabout has two left turning lanes signed, and you follow the correct path, and collide with someone who you KNOW was in the extreme left lane who has randomly changed their mind about their direction, then it's their fault. Not 90%, 100%. It's different to the situation if you had already been coming around the roundabout, in the central lane, and had cut across someone who was driving straight on (say) in the outside lane of the roundabout. Then it WOULD be your fault for not ensuring your exit was clear. The fact that they are crumbling from 50% to 75% to 90% means that they are desperate to avoid going to court - surely at this stage even 10% of the total accident cost is fairly small compared to court/solicitors' costs and they should give in? __________________ Do something useful - Join the BRISKODA Folding team: http://www.briskoda.net/modules.php?...warticle=&id=26

14-01-2006, 13:21	#22
heresmo Briskodian Join Date: Jan 2005 Posts: 12,572 Members Car: Thanks: 52 Thanked 151 Times in 127 Posts	Re: Advice with Insurance claim needed Quickly please Well, Bigw2069 said he had to accept or decline on Friday, so please put us out of our misery Bigw2069 and tell us what you did, pretty please? That said, how can there be a time limit on such a dispute? What's that all about? Ta Mo

14-01-2006, 20:52	#24
heresmo Briskodian Join Date: Jan 2005 Posts: 12,572 Members Car: Thanks: 52 Thanked 151 Times in 127 Posts	Re: Advice with Insurance claim needed Quickly please Fingers appropriately crossed Mo

14-01-2006, 21:01	#25
ag.morley Insecure Join Date: Sep 2004 Location: right on track........ Posts: 4,948 Members Car: Volvo 2.4 T SE XC70 Auto running on LPG Thanks: 14 Thanked 79 Times in 33 Posts	Re: Advice with Insurance claim needed Quickly please As stated in my First reply " Screw Em " (again don't blame me though if you lose ) 90/10 sounds to me like defeat..Good Luck, Not that you need it!!!!! __________________ I now own a Volvo 2.4T Automatic V70 XC 4 wheel drive, Estate, running on LPG......In a Lovely shade of Gold "BRISKOLVO ".......THE UK'S ONLY MEMBER......." IT'S THE WAY FORWARD "

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