insurence clame - HELP PLEASE

[hipo1024]

Hello fellow fogers!
At the beginning of this month I was in a very small bump on a roundabout in london. In a nutshell I was changing from middle lane to left lane on the roundabout, wile approching a amber (going to red) light.

I checked my mirrors and blind spots and signalled left at the same time as braking due to the traffic lights about to turn. I was watching my left mirror as I started to move over about half way through I glansed forwards to check if I could still go or if the light had changed to red, then I looked back at the mirror but as I did so I saw a light flash accross the front N/S window (it was dark) and I yanked the wheel right and pressed harder on the brake. I cant of been doing more than 5 - 7 MPH when I saw the light so I stoped dead but by that time the thud had happened.

I had hit his drivers door. we both wound down our windows (the fact he could was a good sign that it wasnt too bad) and he started mouthing off saying I shouldnt of been turing left ect ect. moving his head very easyly and waving his arms around. I was in shock about it all and didnt say anything. At the time I couldnt work out what had just happened as I had double and triple checked before moving over. anyways the lights turn green and he ordered me to take the next exit (the one I was in the wrong lane for) and he then sped off like it was a drag race. he then realised that I needed to pull infront of him to get off at that exit so he then slowed down and let me infront.....at this point I was thinking he is a idiot. anyways we pulled into a small road and got out, his door opened and shut as it should, but before I could get to him he was gobbing off again, so I got angree and started shouting back (my girlfriend got out because she herd and thought it was going to turn into a punch up). after he had calmed down I said that I was indicating left, had my rear lights on and my brake lights on, so how did you not see me? he said that I shouldnt have been turning left there to which I replyed and said no, but its not illegal to change lanes on a roundabout and I checked and nothing was in the lane when I started to move over....blah blah blah.

About 15mins later I said I wanted to see his car, his door was dented yeah but nothing that couldnt be pulled out with a decent suction cup and it had a few scratched from my wheel, again they would most likly polish out and my truck has many similar scratches down the sides. I then had a look at mine and...nothing not a scratch, I couldnt (and still cant even in day light) see exactly where he hit. He then asked for my detailes, I asked why as it was your fault and your the only one with damage so thats just tuff on you. he didnt like that and asked again, I wasnt sure what the law was on giving away your detailes to strangers but I thought I better had just incase. so I gave him my plate, address and phone number as I dont know my policy # off hand. As there was no damage to mine I didnt bother getting his detailes as I didnt have a claim to make against him.

In the chat we had he admitted that he was already very late for work and that he wanted to get off asap, so in my mind that was the final piece of the jigsaw. He had been bombing around the roundabout and wasnt paying attention to me. by the time I had put 2 and 2 together I was home and in bed so I couldnt say that to him.

anyways today I get a letter from my insurence company saying that they have tryed calling me and now they have had to send me a letter. my phone never went off but oh well.

They are saying that they have "received correspondence from Minster Law who act on behalf of Mr ~~~~ ~~~~. They allege your lehicle was involved in a road traffic accident on the above date and have submitted a claim for personal injury on behalf of their client." They then go on saying that we only have 15 days to formally admit liability for personal injury claims....blah blah blah. They than add in that the "average cost of a personal injury claim, inclusive of costs is in the region of £10,000"

1st off, cant you only claim personal injury if...urm....oh I dont know....your injured maybe? he was defonatly not injured at all! I am not going to formaly or imformaly admit to anything as I am not at fault at all, and to say that this is comming from my insurence company, I feel very much like they are already blaming me, well thats what I felt from this letter. Monday I'll give them a call as I dout they'll be there over Christmas.

I really didnt think he would make a claim because it was all his fault and the only damage was to his car.

Anyone got any advice for me? I really dont know what to do or say. I am in total shock that he is trying to make a claim, and I'm now scaired that they "wount be able to prove it was his fault" and i'll end up loosing my 3 yrs NCB (I'm only 20 so I am very prowd of it and they are the only reason I can afford to own a fronty)

Also I was due to travel to france over new year, do I still have full insurence cover? they give me EU cover normaly so I cant see that they would stop it??

Dan - PS sorry in advanced for any spelling mistakes I have made

[drinksoptional]

i would say he hit you an not admit laibility, what exit was it first second third

[BoxCleva]

Sounds like an ambulance chaser has got hold of him mate.

[Drift]

DO NOT I repeat DO NOT reply to that letter, I used to deal with cases like this in my old job, people trying to claim against the company, the law firm send out those letters and if you reply you are admitting liability and your insurer will run away and leave it to you to sort as a civil matter.

Call your insurers ASAP and hey will tell you the same and ask you to forward them the letter, might be worth scanning the letter and emailing them it to speed things up after you call them (they will want the original too) dont worry about the 15 day threat thats designed to panic you into replying.

The best thing is see your insurers, that is what they are for, if you do this on your own you will be fleeced I can guarantee it.

[BoxCleva]

[hipo1024]

[Trotter]

He was in the wrong anyway.
"Always give way to the Right"!!!
He should have been paying more attention and backed off, allowing you to make your lane change!
Check with your insurance company if you have "Legal Cover".
If you have, let them deal with it all.

[hipo1024]

[Drift]

We used google street view a lot to see the road junctions, most insures use it too, the commercial version, our place used the regular version though cheap gits

[Trotter]

[Postfinder]

Sorry to hear of your predicament, however,this will not affect your current level of insurance Dan, so enjoy your trip to France
It will be on renewal of your insurance that you will feel it, but it wont be so bad if have you got protected no claims bonus.
G.

[Drift]

Bonus, they will try not to pay anything out, its loose loose for them if they do

Call them and take the name of your claim handler

If you go it alone without them they can only win, trust me.

[fogman]

its easy to say now dan but you should of taken pictures of any damage caused [ most phones have cameras these days] & taken his details & informed your ins company as well.

dont accept liability & let your ins company do their job i reckon worse case scenario 50/50 blame

[hipo1024]

[Drift]

For your own sake dont post the pictures at least until the case has been resolved.

[hipo1024]

just out of intrest, if worst comes to worst and I loose the claim for damage (these no way he can win for injury), can I opt to pay it out of my pocket and keep my NCB? as they wouldnt loose any money they might alow it??

[gregster]

Normally your insurers wouldnt agree to that after you have filed a claim with them and they get involved with sorting the claim...

The claims that I have settled out of insurance before, I have just notify the insurers of the accident and stated at the first instance that I am going to try and settle it myself...that way they dont start incurring costs...
In honesty i think this will be a non starter in the instance of your claim, as their legal team will be involved in fighting the personal injury claim, and this could run into big money...so this wont be a claim that can be settled with no cost to the insurers easily as this would form part of their expense I think.

[Drift]

No, you will suffer an excess on your policy, you will keep your NCD if it is protected but they will increase your policy, the No Claim Discount is time not monetary value.
Trust me, he may win injury as if its contested they may need to go to court and that gets expensive for the Insurance Co.
We had one and I was in court as company rep, the woman was claiming injury after a bus braked hard at a roundabout, she won on a technicality as the driver was foreign and didnt state his case to the judge very well so he ordered in her favour, she got less than two grand, the two solicitors and the court got 10 grand between them, the court case cost the company 12 grand, it would have saved them 10 grand out of court, thats how it works sadly.

[hipo1024]

I cant get protected NCD untill I have 4 yrs or more. tipical . I'll call them monday and have a chat....oh I cant contain myself....

[meooo]

My son dropped his 125 m/cycle and it slid under the back of a BMW X5.....the bike was bent and broken, but only transferred tyre and paint marks onto the underside of the cars back bumper.
The driver actually drove off, not realising what had happened and only saw the bike in the road through his mirror...then he stopped!

When they got home to Wales after their wet and miserable Cornish holiday three days later, they found a solicitor and claimed whiplash injuries for all 4 people in the car. It didn't matter what we said/could prove it was just as Steve says...."Its cheaper for us to settle now than to dispute it and go to court" and they paid out. To this day there hasn't been any claim for vehicular damage as a result of the incident, mainly because there was none.