My daughter had an accident in March of this year. Both insurances have been very slow in getting it resolved. She was parallel parked and was about to reverse out of a space when a car entered front first to park towards the curb and crushed into her rear end. The driver didn't indicate, but insisted she wasn't admitting to anything. First I was told that as the back of my daughters Mazda(my car) was dented, the other driver was liable. Then I was told that as my daughter was doing a high level maneuver she is liable (even though she was doing less than 5mph.)There was more than 2 car lengths behind my daughters car, so there was no need for the other driver to enter towards the curb that close to the Mazda.The other party's insurers offered 80/20, (80% to my daughter, 20% to their client) I would have preferred shared liability, but now I am told that The client of the other insurer, involved is rejecting the 80/20offer by her own insurers as not good enough and now wants 100% liability. This after being told that 100% liability is difficult in cases like these by my own insurers. My daughter had a witness but they work in the same company and so may not be seen as credible, I have all the photographs. I am amazed at the levels of greed that follows (it seems that where we can throw blame, there is a claim. What happens when a client fails to follow their own insurance recommendation. I have already paid to repair my car, but now this person is insisting that my insurance pays 100% of her damage. There was no indication from her, to add fuel to the flame, she crunched into the back of my daughters car and then reversed out, drove forward and then reversed park, behind my daughters car. My No Claims is protected, however I fail to comprehend how the other driver can say its totally my daughters fault and accept no responsibility whatsoever. What would be your advice? The other insurance has now sent it to their legal team, to go to court. Silly or just greedy? I am also concerned that the insurance is not taking charge of the settlement, is as if we are let to make the decisions on what we want, when they should be guiding.I also think the rules of the insurers are very different from Advance Driving Instructors. help or at least Suggestions on a way forward. At the moment since March I am the one doing the chasing and I do feel like a pawn.
Province/Country relating to question : Buckinghamshire
Constantly calling my insurers for guidance but it appears that they are not working in my interest,and allowing the other side to dictate. The other side is saying they have sent the matter to their legal team, but I am not hearing a similar decision by my own insurers, which is why I feel like pig in the middle
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For Jomo1972>>> Having read what has taken place, what are my options?
There isn't a very great deal that you can do really I'm afraid.I do understand your frustrations but if this was only in March of this year and there is dispute over liability then, in fact, this is a very short period of time for the insurers to reach any form of conclusion. On the facts you describe greater liability is likely to attach to your daughter unfortunately than the other driver.You could complain to the Ombudsman but there really wouldn't be much point because there would be no criticism of the insurers on these facts.You can also begin a civil action against the other party yourself but that would be a bad idea because that would expose you to their costs. I'm not sure the other side would get 100% if they went to court and they might well settle before then. But if your daughter reversed into her then they are going to get the lion's share unfortunately.I'm afraid that if the offer made was 80-20 in their favour then they would be reasonably entitled to go to court as there is at least a chance that could be improved upon.I'm very sorry but thats your position and I have a duty to give you truthful information.
Bar Exams, over 5 years in practice
for Jomo1972>>>thanks I appreciate your help.
No prOblem. All the best
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