My insurers have accepted liability without consulting me...how do i appeal?

  • Monique_Dominic's Avatar
    I am totally at my wits end and feel betrayed and distraught!

    i was in a car accident with my young son (4yrs) in the back seat. We were both wearing seat belts and on the way back from nursery. I was turning right at a junction on a green filter light and was the last car to turn in the line of traffic. A young guy driving straight failed to stop, he was driving at speed - v fast. My car was completely smashed in and his only dented.

    I had turned into the mouth the road on the right-hand side and he turned his car into side of my car smashing into it. I did try to swerve out of the way resulting in me being positioned further on the other side of the road as I attempted to turn away from him.

    I was in such shock i jumped out immediately to check on my son who was screaming totally distressed. He then moved his car to the side of the road - now I realise to implicate the evidence of where the accident took place. Anyway I then moved my car out of the way and call the police. They explain no one was bleeding and thus didn't need to come out. Insurance details were swapped. During this time, he called a entire convoy of young men and girls all who attempted to intimidate me, luckily passerbys stopped to check if I was okay until my partner came to collect us.

    All this evidence as well as photographic evidence was sent into the solicitors who said they were dealing with the case and my injurers. They advised that I was not at fault based on the evidence. 2 months later I received a letter saying my insurance company accepted me as at fault.

    I am totally baffled at how this has come... as no one consulted me.

    So, I am talking to the wrong person? Is the solicitor the right person who handles a case for liability or is the insurance company?

    And, what can I do now to refute/appeal the decision as I don't believe my evidence has been looked at; or that I am at fault!

    Please help I am at a loss what to do.

    All help/advice greatly appreciated.
  • 4 Replies

  • smudger's Avatar
    Sorry to read about your prang, did that junction have CCTV coverage on it, if so, that all be of great help to you, in proving your case.I'm sure if is available, they would give you a copy of it, good luck.
  • dacouch's Avatar
    The other driver will be saying that they went through on a green light, if they were going straight ahead and you were turning they would have the priority over you.

    In the absence of independent witnesses or cctv evidence showing they went through a red light your Insurers are highly likely to accept liability.

    Unfortunately without other evidence, insurers need to look at the facts they do have which is you confirming you're turning right over the road at a set of traffic lights and him saying he was going straight on at a set of traffic lights.

    By paying your premium in return for your Insurer agreeing to cover you for claims, you agree to them deciding how to settle the liability in claims
  • Santa's Avatar
    I am sure that dacouch is correct, but that does not prevent you from challenging the decision. Don't waste time with telephone calls, but write to them, as succinctly as you can, stating why you think they are wrong.
  • Dennis W's Avatar
    The trouble with those Filter Right lanes is that they tend to get clogged up, and only a few cars get through each time the lights change.

    I am guessing that the OP went through on a red light.