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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20678
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Recently had car accident.I was turning right into a main

Resolved Question:

Recently had car accident. I was turning right into a main road, as I proceeded I saw the car in front was reversing.I stopped but the car kept reversing as he was intending to reverse into a side road opposite the road I was coming out of.He was looking to his left where the side road was but not look to check the side where I was. Before I could sound the horn his driver door met with the passenger bumper on my car and his driver door dented badly. My bumper was scratched (repair cost GBP180) My insurance did not want to get involved as wI have GBP300 excess. I complained in writing. They have since come back and advised that the other driver's insurance put full liability on me.They suggest both driver's accept responsibility. Can I report the driver of the other vehicle to the police for undue care and attention/ Can I take my insurance company to court for lack of service and unprofessionalism? Can I sue the driver direct? What action can I take? It seems so unfair.I was stationary. Incident happened 28th January 2013. The only reason my insurance got involved at all was because I wrote a letter of complaint to them. (My insurance is Admiral and Fully comprehensive with full no claims) They are now saying this will be affected until dispute resolved. Kind Regards, XXXXX XXXXX email;XXXXX@XXXXXX.XXX

Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Stuart J replied 1 year ago.
Why exactly did your Insurers refuse to get involved?
Customer: replied 1 year ago.

They advised that due to excess GBP300 on insurance and that I had been to a garage for estimate (GBP180) it was not claimable, regardless of the fact that damage to the other car was much more.They told me a company called "Albany" would deal with it. Albany telephoned and insisted I have a hire car.


I told them it was a scratch on the bumper. They were trying to escalate costs for no reason.


I recontacted my insurance and told them i expected some service from them to ring the other parties insurance. They said they would and then call me.


They did not come back to me,hence I wrote complaint letter.



 


 

Expert:  Stuart J replied 1 year ago.




So
you are stationary and the other car was reversing and as it swung round it hit
your front bumper. What is the value of the damage to the other car?

Are
the facts and mechanism of the accident agreed or in dispute



Customer: replied 1 year ago.

I have not been advised as to the value of damage to the other car.


I would think it would need a new skin on the door.


My insurance have not advised if facts and mechanisms are agreed or in dispute.


They are due to call me today as they spoke to my wife yesterday..


They suggested to my wife that the blame should be shared.


She told them we will not accept.

Expert:  Stuart J replied 1 year ago.




Assuming that you was stationary and the other car
reversed and as it swung round the side or the front or whatever front hit your
car while you were stationary, then I agree with you and I wouldn't be
accepting 50-50 either.

You can raise this is a formal complaint with Admiral
(who appear to be taking the line of least resistance, surprise surprise) and
ultimately raise it with the Financial Ombudsman. I would tell them to continue
to deny liability.



I only had dealing with Admiral once when they were
actually my client's insurer and I will tell you that the whole experience was
entirely unsatisfactory. They were supposed to be on our side! We got an
admission of 100% liability from the other side and the matter settled with all
our clients excess and bonus intact, but we did advise his insurance company
for information only and not claim





Can I help further?





Please bear with me today because I will be online and
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The thread remains open for us to continue this exchange.



Customer: replied 1 year ago.

Can you answer my other questions please.


Can I report the driver to the Police for undue care and attention?


Can I sue the driver direct?


Can I go to a small c;aims court for mistreatment by Admiral.


The incident was 28th Dec. 2012 not 28 Jan.2013.


It has taken all this time.


I just spoke to Admiral again.The person handling this is awaiting a report from the other insurer (she has only been allocated this case as of yesterday) but verbally told they contest and that they claim 90% of their reversing manoevre had taken place when I supposedly hit them.


Clearly a fabrication. The driver questioned me to ask "Did you not see my reversing lights" surely if 90% of manoevre made his reversing lights would not have been visible.


They claim moderate damage to their car!


I told Admiral I will not accept 50/50 and that if required go to court.


 


Thank you so far for your input, but I still require to know if I am wasting my time and money to seek justice that may never materialise.


 

Expert:  Stuart J replied 1 year ago.






No one was injured and the police will not be interested. I
wouldn't bother wasting my time.



Yes, there is nothing to stop you sewing the driver directly.



Your remedy against Admiral if the complaint of the
Financial ombudsman. It is not a small claims court matter, because at this
stage, you cannot quantify a loss.



The date is immaterial but you only have three years to
bring a claim against the other driver.



It comes down to your word against theirs. They may have
completed 90% their manoeuvre which was ongoing. You had completed 100% of
yours because you had stopped.



Whatever argument they put forward, the fact remains that if
they had stopped there would not have been an accident. You were already
stopped.



Yes, the fact remains that the accident happened in the last
10% of their manoeuvre. It makes no difference where about the manoeuvre it
was. The claims and let is, in my opinion, an idiot.



I'm not certain the point you're making about the reversing
lights because the reversing lights stay on throughout the manoeuvre.
Regardless, just because he has reversing lights on does not necessarily mean
that everyone has to jump out of his way. The idiot (another idiot) was clearly
not looking where he was going.



Based upon the fact you have given me. I would not be lying
down, either. Even if the insurance company settle 50-50. You can still sue the
driver and let a judge decide.



Please don't forget to push the positive rating button so
that I get paid. Thank you

Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20678
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Stuart J
Stuart J
Solicitor
20678 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice