Insurer saying I'm at fault - legal advice?

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Associate
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Need some advice on this topic, I had an accident a few months ago which I'm adamant was 50/50 blame, however my insurer said I was at fault. They told me to seek my own legal advice if I wasn't happy with the decision which I'm still mulling over.

At the time I had dashcam footage of the incident which I sent to them for review along with a solid breakdown of the events that occurred, but all they said was that after reviewing the footage I was to blame - I never felt like they reviewed my case properly and arrived at the conclusion because it was easier for them.

Does anyone know of a reputable third party company that can independently review my case? I really want another take on this as I feel my insurer completely copped out.

I don't know at this point how it will effect my premium upon renewal, but I don't want the record to show that I was 100% liable. This happened back in August and it's my understanding that my insurer has settled the claim without my consent. The damage to both cars wasn't major, we were able to both drive away.
 
Soldato
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I really wouldn't worry about it.
Just leave them to it, nothing to gain by fighting for 50/50. At one point I had 2 fault claims on file and it made next to no difference to premiums.
 
Soldato
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Long story short - Similar one to me.

Had a bump in a petrol station with another small van, after discussing it, drawing it out and speaking to my insurer, they tell me 100% my fault. I was adamant that it was 50/50% at worst.

Long story short - they refused to budge, I got the impression they just want to clear to case, and move on to the next one, then of course 4 weeks later, injury claim from the other party arrives as I've now been deemed liable 100%. This is 6 weeks after the 5mph bump in the petrol station. I was going to try and fight it but in the end, couldn't be arsed. It was going to cost me more time and hassle to do so and in the end my renewal premium was barely any different anyway.

My advice - just get on with life, let you insurance deal with it and ask them to note on file that you dispute their conclusion but wish to simply move on.
 
Caporegime
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Need some advice on this topic, I had an accident a few months ago which I'm adamant was 50/50 blame, however my insurer said I was at fault. They told me to seek my own legal advice if I wasn't happy with the decision which I'm still mulling over.

At the time I had dashcam footage of the incident which I sent to them for review along with a solid breakdown of the events that occurred, but all they said was that after reviewing the footage I was to blame - I never felt like they reviewed my case properly and arrived at the conclusion because it was easier for them.

Does anyone know of a reputable third party company that can independently review my case? I really want another take on this as I feel my insurer completely copped out.

I don't know at this point how it will effect my premium upon renewal, but I don't want the record to show that I was 100% liable. This happened back in August and it's my understanding that my insurer has settled the claim without my consent. The damage to both cars wasn't major, we were able to both drive away.

Explain what happened and upload the footage to youtube.

I'm guessing the majority on here will also agree with the insurance company.

Why? Because it would be in there interest to blame it on the other party. Rather than pay out their own pocket. They would rather the other insurance company paid for the damages.

So yeah you need to now put your money where your mouth is and explain what happened and upload the footage.
 
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problem here is fault or not your insurance will still take a hit.

Suppose so, I was just conscious of how this will reflect when I go shopping around for quotes down the line.

I really wouldn't worry about it.
Just leave them to it, nothing to gain by fighting for 50/50. At one point I had 2 fault claims on file and it made next to no difference to premiums.

Ok good to now, it's just been bugging me and I didn't like the way my insurer handled it - I spent hours collating the footage and writing it up just for them to stick it to me.

Long story short - Similar one to me.

Had a bump in a petrol station with another small van, after discussing it, drawing it out and speaking to my insurer, they tell me 100% my fault. I was adamant that it was 50/50% at worst.

Long story short - they refused to budge, I got the impression they just want to clear to case, and move on to the next one, then of course 4 weeks later, injury claim from the other party arrives as I've now been deemed liable 100%. This is 6 weeks after the 5mph bump in the petrol station. I was going to try and fight it but in the end, couldn't be arsed. It was going to cost me more time and hassle to do so and in the end my renewal premium was barely any different anyway.

My advice - just get on with life, let you insurance deal with it and ask them to note on file that you dispute their conclusion but wish to simply move on.

I guess you're right, bigger things to worry about in life! At the end of the way was only a minor incident, no one was injured etc and as far as I'm aware the other driver hasn't made a claim for personal injury.
 
Caporegime
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Long story short - Similar one to me.

Had a bump in a petrol station with another small van, after discussing it, drawing it out and speaking to my insurer, they tell me 100% my fault. I was adamant that it was 50/50% at worst.

Long story short - they refused to budge, I got the impression they just want to clear to case, and move on to the next one, then of course 4 weeks later, injury claim from the other party arrives as I've now been deemed liable 100%. This is 6 weeks after the 5mph bump in the petrol station. I was going to try and fight it but in the end, couldn't be arsed. It was going to cost me more time and hassle to do so and in the end my renewal premium was barely any different anyway.

My advice - just get on with life, let you insurance deal with it and ask them to note on file that you dispute their conclusion but wish to simply move on.

I take it you went into the back of them or were trying to manoeuvre around them?
 
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OP
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Explain what happened and upload the footage to youtube.

I'm guessing the majority on here will also agree with the insurance company.

Why? Because it would be in there interest to blame it on the other party. Rather than pay out their own pocket. They would rather the other insurance company paid for the damages.

So yeah you need to now put your money where your mouth is and explain what happened and upload the footage.

That's exactly what I did, I spent a long time uploading it to youtube and writing out my version of events. They said they reviewed it etc and just bent over and accepted that I was at fault.
 
Associate
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So yeah you need to now put your money where your mouth is and explain what happened and upload the footage.

I take it you went into the back of them or were trying to manoeuvre around them?

post everything on here then

Wow. You're pretty presumptuous, aren't you? I don't think OP has to justify anything to YOU.

Why? Because it would be in there interest to blame it on the other party. Rather than pay out their own pocket. They would rather the other insurance company paid for the damages.

You obviously have no idea how insurance companies work. If they had insisted on 50/50, you'd have a point. Otherwise, no - they do not go out of their way to try and pin the blame on the other party.
 
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Soldato
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You obviously have no idea how insurance companies work. If they had insisted on 50/50, you'd have a point. Otherwise, no - they do not go out of their way to try and pin the blame on the other party.
They certainly wouldn't accept all costs themselves if they had cast iron video proof of their client being not at fault though.
 
Caporegime
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Wow. You're pretty presumptuous, aren't you? I don't think OP has to justify anything to YOU.



You obviously have no idea how insurance companies work. If they had insisted on 50/50, you'd have a point. Otherwise, no - they do not go out of their way to try and pin the blame on the other party.

lolwut?

he has footage of the accident. it would be helpful to see it.

by not posting it - it must clearly show he is to blame. otherwise why wouldn't you post it?

i mean a company which specialises in insurance even deemed him to be the one responsible.

as for not knowing how insurance works. most of my clients are insurance companies. i can bet i know a lot more about them than you do.

why would they pay out of their own pocket if the footage clearly showed he wasn't to blame?
 
Soldato
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I take it you went into the back of them or were trying to manoeuvre around them?

no - I was filling up at the pump, came back to my car after I paid, got in, started to move away from the pump to the left to exit the forecourt, and the lady in the van came from my drivers side (right) and cut across the front of me on the forecourt. My front driver side bumped her left hand side of van. She wasn't filling up or anything - she was looking to park outside the shop. I thought it was 50/50 at worst (also the fact she was on her phone at the time - I saw it and my 12 year old son saw her on the phone).

anyway - long story short - my insurers tell me that since I was the one moving from a stationary position with nothing blocking my line of sight where she came from, I'm 100% at fault as she was "moving" and I was leaving from a stationary position and should be seen her, and she had right of way.

Who has right of way on a petrol station forecourt is up for debate, and the fact she was distracted on a mobile at the time as well.

However, insurers were not interested as I have no independent witness regard the phone ( they wouldn't take my 12 year old son ), they would not go for the CCTV as the time, cost and expense of it all is too much. BP garage said it would need a police report filed to release the CCTV due to GDPR/data protection etc (i.e other people are visible in the cctv and therefore without their individual consent I could not request it without police requesting it for me.) - Since there was no injury (at the time) - police were not interested.

In the end - I tried to fight it as I totally disagreed with the result, but insurers were simply not interested. Bodyshop took the "proverbial mickey" with the 3 week fix time and £3k damage bill, and now the other party has logged an injury claim which my insurers will just pay out without a fight as they deem me 100% liable. So all in - a total and utter racket. Probably £5/6k case for a 5mph bump in a forecourt.
 
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I never made this thread with the intention of posting the footage, it's irrelevant to the question I was originally asking.
 
Soldato
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Why are you bothered?

It will make no difference whatsoever to any future insurance premiums whether the claim is settled 50-50 or 100% your fault, its still a fault claim.

From your description you've moved away from a stationary position next to a petrol pump and driven into the side of another vehicle. At a simplistic level, that sounds like your fault.

If it's a low value claim it simply isn't worth your insurance company arguing the toss - settle as quickly as possible to minimise costs.

Your insurance company will be entitled to settle a claim on your behalf however it sees fit.
 
Caporegime
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no - I was filling up at the pump, came back to my car after I paid, got in, started to move away from the pump to the left to exit the forecourt, and the lady in the van came from my drivers side (right) and cut across the front of me on the forecourt. My front driver side bumped her left hand side of van. She wasn't filling up or anything - she was looking to park outside the shop. I thought it was 50/50 at worst (also the fact she was on her phone at the time - I saw it and my 12 year old son saw her on the phone).

anyway - long story short - my insurers tell me that since I was the one moving from a stationary position with nothing blocking my line of sight where she came from, I'm 100% at fault as she was "moving" and I was leaving from a stationary position and should be seen her, and she had right of way.

Tbh, I can see why they’ve gone against you, she was moving (distracted or not) you were pulling off the pump.

I’ve had a similar thing in the truck, I was leaving a side road and taking a wide swing to get out when someone thought it a great idea to nip up my near (and blind) side and I subsequently side swiped them with my 13.6m long trailer as I straightened up (it’s an articulated truck) despite my near side facing dash cam recording them coming up the inside of me because they were already moving and I was pulling away, I was in the wrong.

Annoying but as said, if they thought they could have exonerated you and avoided coughing up, they would have.

At least in my case I had the “satisfaction” that my trailer pushed the undertaker into a metal bollard and reduced his Navara pickup to scrap. :o :D
 
Caporegime
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no - I was filling up at the pump, came back to my car after I paid, got in, started to move away from the pump to the left to exit the forecourt, and the lady in the van came from my drivers side (right) and cut across the front of me on the forecourt. My front driver side bumped her left hand side of van. She wasn't filling up or anything - she was looking to park outside the shop. I thought it was 50/50 at worst (also the fact she was on her phone at the time - I saw it and my 12 year old son saw her on the phone).

anyway - long story short - my insurers tell me that since I was the one moving from a stationary position with nothing blocking my line of sight where she came from, I'm 100% at fault as she was "moving" and I was leaving from a stationary position and should be seen her, and she had right of way.

Who has right of way on a petrol station forecourt is up for debate, and the fact she was distracted on a mobile at the time as well.

However, insurers were not interested as I have no independent witness regard the phone ( they wouldn't take my 12 year old son ), they would not go for the CCTV as the time, cost and expense of it all is too much. BP garage said it would need a police report filed to release the CCTV due to GDPR/data protection etc (i.e other people are visible in the cctv and therefore without their individual consent I could not request it without police requesting it for me.) - Since there was no injury (at the time) - police were not interested.

In the end - I tried to fight it as I totally disagreed with the result, but insurers were simply not interested. Bodyshop took the "proverbial mickey" with the 3 week fix time and £3k damage bill, and now the other party has logged an injury claim which my insurers will just pay out without a fight as they deem me 100% liable. So all in - a total and utter racket. Probably £5/6k case for a 5mph bump in a forecourt.


sounds like you are at fault tbh.

had you stayed stationary there would have been no accident. the mobile is again your word against theirs unless you can prove it.

you should have spoken to a "mate" who knows how to write statements before giving one to your insurance company.

i had an accident where i was stationary and a lorry reversing around a corner went into my side.

as he was reversing around a corner he is 100% to blame no matter what i do. even if i was on the phone. changing a cd, scratching my crotch. i am stationary and he is reversing around a corner. it doesn't matter if i drive into the back of him either even in this instance because he is reversing around a corner. he should be looking in his mirrors and only moving when it's clear to do so. therefore he is the one to blame regardless.

again similar in your story. you are stationary had you remained that way and the accident happened she is to blame regardless.

you should have checked your surroundings then moved off. you never saw her coming into your path and you moved off. therefore you are to blame. it doesn't matter if she cut you up. your statement reads as if you are 100% to blame as you moved off and you both collided.

again this isn't a vendetta against you by the company. i'm assuming it's a similar story with the OP. he is to blame. just doesn't understand how it works.
 
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