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Thread: difficult claim situation

  1. #1
    Join Date
    Feb 2018

    Default difficult claim situation

    hi all
    firstly i'll apologise - this is a little longwinded.....

    last year I had to claim on my car insc. a guy drove around my car (nearside) and turned right across me to go down a side-road, but misjudged it and collided with my front corner.
    the guy was fully insured, so my car was repaired straight away and my insc co told me not to worry - it would be a non-fault claim.

    a few months down the line, its renewal time and i'm really struggling to get insured because the claim is still open and showing as a fault claim. turns out the other party is disputing liability and i'm told it will go to court to decide blame. (up from 800 to around 3000 !! - i have 1 previous claim 3 years old, car written off, hit n run)

    Here's what makes it complicated:
    the other guy was the boyfriend of a friend and had just assaulted her and was sat outside her flat, making threats and being a menacing nuisance. friend's mum went to take her somewhere else for safety and I was asked to help - by stopping the boyfriend follow friend and mum as they escaped. i did this by parking in front of boyfriend's vehicle. i kept him there for about 30 minutes. when i received a text that friend and mum were safe i started to drive away - out of the carpark and down the road about 150 yards, between parked cars on both sides. as soon as the line of parked cars on the left ended, boyfriend swerved left, up the nearside kerb to go around me, then turned right to go down a turning to the right. i stopped immediately thinking wtf going on, but he still hit my car.

    Q1 - how much info preceding the accident does my insc co or the court need to know?

    Q2 - any suggestions on getting a lower insc premium?

    thanks for any input...

  2. #2
    Join Date
    Jul 2011


    It's unlikely to get to court. Very few cases do.

    However, you must assume that it will, and that you may be questioned under oath.

    The problem as I see it is that you have no idea how much the other guy has told his insurers. Best to get your version out first.

  3. #3
    Join Date
    Feb 2018


    thanks Beelzebub

    I get your point.
    when I verbally reporter the accident to my insurers I didn't mention most of what had happened - only that he had tried to pass me on the left, then turned across and collided.
    as I see it, MY insurers are similar to a lawyer/barrister in that whatever the situation, they will fight my corner. so the other guy's actions could be seen as deliberate aggressive driving.
    ....or would my delaying tactics be construed as provocative and work against me?

  4. #4
    Join Date
    Dec 2007


    None of the context that you describe makes it any less the other driver's fault.

    Hitting a badly positioned vehicle/obstacle in order to get out of a space, even if you have no other way of getting out, does not reduce the liability of the driver attempting to move out. Although of course this is not the case here, as the other driver caused this collision after you had left him free to go.

    As far as the insurance claim is concerned, I think your blocking him in is irrelevant. But if there is any police interest, it might be relevant, as you suggest.

    None of my business, but hopefully he is now the ex-boyfriend.
    Last edited by 98selitb; 14-02-18 at 13:54. Reason: Typo

  5. #5
    Join Date
    Feb 2018


    Thanks 98selitb

    You posted more or less what I was thinking but worded much better.

    There was a police involvement, but not related to the collision, or me.
    Can't comment on the other thing as I'm not involved.

    Any suggestions how or where to go for insurance with 1 fault claim and 1 unresolved claim on record?

  6. #6
    Join Date
    Apr 2007


    If your insurer has originally told you the fist incident was a 'no fault' claim, and the second incident is yet to be resolved, then staying with your present insurer seems to be the best choice. As things stand, going to another insurer would leave you facing a fault claim and another yet to be resolved, so I would think that this would leave you with a quote for a hefty premium.

    Hope this has been a lesson not to use your vehicle as a barrier to help sort out other peoples' problems.

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