Car Insurance Claim Denied - next step?

joxer_123

Hello I wonder could somebody advise me please.

I was recently involved in a minor collision, the details are: I was travelling along a narrow country road with my 2 year old daughter, my husband was in his car driving directly in front of us. We noticed a car up ahead coming towards us, the car then turned into a driveway to our left. The woman driving the car sat with the front of her car in her driveway and the back of her car blocking our side of the road while she waited for her electric gates to open.

As she was stationery, my husband indicated, moved out to the right hand side of the road and passed her with no issues. I then moved forward to pass but she allowed her car to roll backwards hitting the side of mine while i passed by, her driveway is a gradual hill and i feel that she attempted a hill start but allowed it to roll instead.

So, I called my own insurance company to report the incident and then claimed against her insurance, her insurance company Sertus sent out an assessor, the damage to my car is 700 EUR.

The woman then made a counter-claim maintaining that i "brushed" past her car and damaged it. Her insurance company have denied my claim and proposed that we both suffer our own losses.

I then submitted a formal complaint to Sertus Insurance disagreeing with the result and they sent me a two line letter stating quote "as you are a third party to this claim and as liability is in dispute this matter will not be dealt with by way of a complaint, it will have to be dealt with in the civil courts"

I have a photograph that i took directly after the incident occurred showing the womans car completely blocking my sideof the road while waiting for her electric gates to open.

Can anyone advise what my next move is? Sertus wont let me complain!

homer911

Wow, I feel for you. Very annoying when something like this happens. I can see both sides to this and I honestly think the Insurance Company has, on balance, made the right call (without actually being there at the time). It could be argued that you gave the vehicle insufficient clearance when you passed and either clipped the stationary vehicle, or gave insufficient clearance to allow for the car rolling back a little.

That being said, you could consider appealing to the Insurance Ombudsman. You have a right to complain/appeal to the Insurance Co. as well though and should do this first

oldyouth

Unfortunately for you, I think Homer is right. Without any independent account of events, it is one word against another. Even if the other car was sticking out, if it can be proved it was stationary, it was a hazard for you to avoid.

I'd be as mad as hell myself.

Mort5000

You're not Sertus' customer so they don't really need to deal with you at all.
Your insurance company should be taking on Sertus themselves.
They'll send an investigator, get pics, and come to their own conclusion on Liability.

Teagwee

I'm no expert, but does the damage inflicted on your car seem consistent with a part of your vehicle at the front being clear of the accident, with your main damage somewhat centrally/laterally located?
I'm maybe not explaining this well, but if her car rolled into yours rather than you hitting hers, the damage might bear this out. You can't 'hit' a car sideways and leave the front of your vehicle unscathed - or not in my opinion.

Pro Hoc Vice

joxer_123 wrote: »

Hello I wonder could somebody advise me please.

I was recently involved in a minor collision, the details are: I was travelling along a narrow country road with my 2 year old daughter, my husband was in his car driving directly in front of us. We noticed a car up ahead coming towards us, the car then turned into a driveway to our left. The woman driving the car sat with the front of her car in her driveway and the back of her car blocking our side of the road while she waited for her electric gates to open.

As she was stationery, my husband indicated, moved out to the right hand side of the road and passed her with no issues. I then moved forward to pass but she allowed her car to roll backwards hitting the side of mine while i passed by, her driveway is a gradual hill and i feel that she attempted a hill start but allowed it to roll instead.

So, I called my own insurance company to report the incident and then claimed against her insurance, her insurance company Sertus sent out an assessor, the damage to my car is 700 EUR.

The woman then made a counter-claim maintaining that i "brushed" past her car and damaged it. Her insurance company have denied my claim and proposed that we both suffer our own losses.

I then submitted a formal complaint to Sertus Insurance disagreeing with the result and they sent me a two line letter stating quote "as you are a third party to this claim and as liability is in dispute this matter will not be dealt with by way of a complaint, it will have to be dealt with in the civil courts"

I have a photograph that i took directly after the incident occurred showing the womans car completely blocking my sideof the road while waiting for her electric gates to open.

Can anyone advise what my next move is? Sertus wont let me complain!

Your options are

1 accept what they say pay the money yourself
2 claim on your own policy lose no claims bonus
3 sue the person (and by default her insurer) in the district court for material damage to your car, let a judge decide you will need the evidence of you, your husband and an engineer.

ravima

its unusual for an insurance company to suggest that both bear own losses. Did they suggest 50/50? That means, you pay 50% of her damage and she pays 50% of yours.

The bad news - both lose NCB.

If I were in your position, I'd contact the other driver and agree that each would pay their own damage. It will be nigh on impossible for you to prove she reversed and given that your husband passed her safely, a judge would probably say that you should have as well, but you misjudged.

You might not agree with me. You are entitled not to agree, but I am giving you my unbiased opinion after over 30 years of dealing with similar incidents.