Skoda yeti - Accepting50/50 when not my fault | Legal matters | Back Room Forum

Fri 7 Feb 2014 17:51

Skoda yeti - Accepting50/50 when not my fault - junket

Driving in narrow Devon lane, post van appeared round bend at top of hill approx 30 metres from me..I immediately stopped. He didn't make any attempts to do so and hit me causing lot of damage. Very shaken I was unable to talk, write down details so postie did it for me and two days later rang to admit full liability stating told his manager it was his fault and confirmed I had been stationary. I immediately rang my insurers advising them that postie admitted liability , they recorded my message but they are saying it was here say and must be 50/50 . A witness pulled up behind postie stating he had been forced to stop to allow postie to pass him minutes earlier as he was speeding. Witness waited for about 15 -20 mins whilst details taken, and we later took photo's of postie skid marks,8 metres long plus the gorged bank he hit. We marked position of accident, witness car and showed how far we were from bend. Postie now says we hit on bend , hence 50/50. I refused as photos show I was a long way from it when I stopped
My insurers written to my tel.company for recording of postie tel:call, if it wasn't recorded, why would it be, then I must accept 50/50. My hubby was my passenger but not contacted by my insurers...can he give evidence?

Insurers have not asked witness to confirm position of cars after accident, state he said it was on bend but when I pushed for exact statement, insurers admitted they had misread it!

My car is a mobility one, been insured through them nearly nine years unblemished record, I want to fight it through the courts if need be,insurers say too expensive.... Whose side are they fighting, not mine obviously. Advice please on whether I should fight it.

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Fri 7 Feb 2014 17:57

Skoda yeti - Accepting50/50 when not my fault - RT

If you have Legal Expenses add-on for your policy, it sounds like one for them.

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Fri 7 Feb 2014 20:33

Skoda yeti - Accepting50/50 when not my fault - tony g

( insurers say too expensive.... Whose side are they fighting, not mine obviously. Advice please on whether I should fight it. )

You need to obtain two independent estimates for the damage to your car , then if your confident that your in the right ,pursue the other driver and the post office for the cost of your repairs through the small claims court .

People generally believe that they are obliged to use their insurance companies in an incident like this . It's not true ,your entitled to resolve the issue in the SCC .
If you win , the post office and it's insurer will have to pay for all your repairs and the cost of your court action .A judgement in your favour is binding on the other party and can't be appealed .

The costs involved are very reasonable and restricted ,typically £500 .

Good luck

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Fri 7 Feb 2014 20:51

Skoda yeti - Accepting50/50 when not my fault - junket

Thanks but being a motorbility car, I had to have repairs done through my insurers... That was not a problem, they were excellent with car being repaired v.b. Quickly but I am fighting for refund of my excess and I do not want an accident recorded against my insurance record.

I now realise I have a large legal expense figure included in my insurance so will push them by refusing to accept half the blame... And go to court.

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Sat 8 Feb 2014 07:55

Skoda yeti - Accepting50/50 when not my fault - csgmart

I now realise I have a large legal expense figure included in my insurance so will push them by refusing to accept half the blame... And go to court.

First of all you have my sympathy - I hope you get this sorted.

I sincerely hope you have success with this route. When I had an accident a few years ago I used the legal expenses part of my policy and a local firm of solicitors contacted me to understand the circumstances (I was hit by a road sign that had blown off it's stand in high winds).

They asked if I was making any claims for losses and I said no. From that point onwards it was clear they weren't interested. I had to chase them up on several occassions only to be told they hadn't hear back from the 3rd party (Highways Agency in this case).

In the end it was my own efforts of chasing the Highways Agency, on multiple occassions, that got me my money back. They initially refused to admit liability but I asked for a copy of the Motorway Patrol's report (they had later picked up the sign from the motorway) and finally they caved in.

From that point on I've always turned down the legal expenses add on to any motor policy I've had.

I made a complaint to my insurance company too - but they did nothing about the solicitor's complete lack of action.

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Sat 8 Feb 2014 14:12

Skoda yeti - Accepting50/50 when not my fault - Andrew-T

< From that point on I've always turned down the legal expenses add on to any motor policy I've had.

I made a complaint to my insurance company too - but they did nothing about the solicitor's complete lack of action. >

Isn't it remarkable how these nice optional extras turn out to be a waste of time or money when the human element creeps in ?

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