andre_k

iTrader: (2)

I had an accident a month or 2 ago, in which a lorry switched into my lane and went into the side of my Subaru (only doing 5-10 mph). This pdf that i sent my insurance shows in detail, with pics, of what happened. Saves me writing it out again! The damage to my car and his lorry shows i was already half a car length in front of him when he hit me. There is no witnesses, no one stopped.

Yesterday i finally got a letter back from a company called Eldon who claims they are dealing with my case (my insurer is ecar, and they referred me to Amber Assistance, who then after a couple of weeks sent a letter under the company name Help Hire asking for a statement (one that i had already sent Amber Assistance the day after the accident!) Confusing or what...

Anyway this letter states that the lorry drivers insurance is claiming im fully at fault. It states no reason as to why, just asking me to fill in the enclosed accident report form and send it in the SAE, also included. Neither were enclosed like the letter said.

I rang Amber Assistance every few days to chase up the claim, who kept saying they are waiting for his insurers to reply, and had until the 23rd Sept to respond. On the 25th i rang them again, and they said the other company has requested longer as they need to put my version of events to the lorry driver. At no point have i heard his version of events.

The other driver said to me at the time of the accident that his company will always claim non fault what ever, and he will tell them he indicated, looked in his mirror and went into the lane.

Its only a couple of doors on my car that need replacing which will cost £100 off ebay, but my insurance has gone from under £80/month to over £120 so im obviously annoyed, especially when we both know hes at faukt. My worry was a 50/50 claim, so im gobsmacked how they can claim its all my fault when all i was doing was driving in a straight line in my lane!

What shall i do?

DanW@FastFord

iTrader: (1)

Stick to your guns and state that he came into your lane - if he's admitted he moved into your lane then he has literally admitted blame. Indicating doesn't somehow make his manoeuvre correct. No matter what you were doing if he comes into your lane, he's to blame.

andre_k

iTrader: (2)

Exactly, im still unsure as to why its being deemed my fault

andre_k

iTrader: (2)

UPDATE: Rang Eldon to find out what his claim was, he is saying i went from the "turn right" lane into the "straight ahead" one, crashing into him. However at the time he said he was going to do his delivery at the top of the estate we'd turned right onto, before going back to base. Surely the time and signiture on the company records would prove he was turning right, and prove him to be lying? Also as the pic shows, the lanes only 2-300 meters long, why would i go into the lane and then go back into the other lane in the space of 200 meters?

dojj

iTrader: (3)

For my company, we forward all documentation involving any accidents back to our own insurance company

You may find that by filling out the form and sending it back that your insurance company will they say it's your fault for not telling them or letting them deal win it

So send it to then, with a letter back to the company that sent it stating that all correspondence should go through your instance conmpany before they decide if you need to fill it in or not

But it's anclassic stalling scam which is more likely to end up as a 50/50 payout, fucking you in the arse with a pineapple even though you e done nothing worng

excursion

There's not a lot you can do unfortunately as I think your best case scenario is joint liability, which in terms of cost to you means the same as if you were fully to blame.

It stinks. The industry needs far better regulation.

andre_k

iTrader: (2)

surely the time of delivery which proves he went into my lane shows that it was his fault? I wont lie down and let them fuck me over!

trev1964

I had a similar situation when I was taken out on my bike.
Driver denied all liability, but in my case there were loads of witnesses, the wreckage closed the road completely.
Still took 6 months to get an admission of liability though.
Good luck mate, I think you are gonna need it.

ben_frst

thats why you should always call the police and just say on the phone that you doubt he has insurance or he may have been drinking or he was on the phone ect they will have a car there in seconds

and if your not at fault never give your insurance details just take theres

KregRS

I see it was Tuffnells, bunch of cnuts. Don't know if it would be much help, but tacho info might back up times etc.... Wouldn't rely on Tuffnells paperwork to carry an acurate time, when I worked for them, 3yrs ago, all delivery notes were signed by hand, and in most cases, the driver would write the time on later, thats how I, and most of the drivers I worked, with done it anyway.