Rear-ender On The Motorway, Other Driver Denies Liability - Alfa Romeo Forum
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Rear-ender On The Motorway, Other Driver Denies Liability

Hey All,

I was looking for some advice following an accident.

We were travelling along the motorway, when traffic started backing up. I braked casually, allowing myself to slow down gently. A few seconds later a car went straight into the back of us. We pulled over to the hard shoulder and swapped details and that-was-that, or so I thought.

It later transpired the other driver is denying liability, saying I swerved into their lane and braked hard, causing them to go into the back of me - obviously rubbish.

This was a month ago and we're still no nearer establishing liability. My insurance company (Tesco) have lost my accident report and don't seem in any hurry to get anything resolved. Every time I call them, they tell me what they're going to do next, but it's always the same!

My car is still in repair, partly due to all the accidents in the snow, partly due to the extent of the damage (about £5500 to an £8500 Alfa GT). As liability hasn't been established, I can't charge a hire car to their insurance, meaning life is a PITA ATM (school run, etc.). I've just maxed out the two week 'free' car hire on my policy and the Alfa is probably going to be in the shop for another 3 weeks.

Has anyone been in a similar situation or have any advice in dealing with the insurance people?

Cheers,

Rich.
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See if you can get someone to handle the claim for you. Should help speed things up if nothing else.
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See if you can get someone to handle the claim for you. Should help speed things up if nothing else.
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I was reluctant to involve companies like this, simply because I heard if they can't establish liability in your favour and therefore recoup their costs off the other party, they'll come and reclaim their costs from you. Am I being a bit para?
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Sorry to give you more doom and gloom . My mate was hit by a guy insured with tescos . It took over 7 months to get his car repaired
There inspection engineer failed to show twice and the 3rd time my mate had to go and find him because he was lost in the countryside. They ended up paying for repairs and compensation for all of there buggering around. Not the best advert for a big company.
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Insurance firms are all too quick to take yer money, but don't provide the service when needed
 
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As my status says...
My wife is paranoid that they are going to try and pin her accident on her even although a copper has said that the HGV driver said that her mini was in his blindspot. The insurance company has admitted that because its a commercial vehicle it could take months to sort out.
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In a rear ender where there is no witnesses then the driver behind is , as far as I can tell, always in the Wrong.
Here in Australia I just give the details to the Insurance Company, the car is Fixed promptly (assuming parts are available) and the insurance companies argue amongst themselves
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Originally Posted by 0of0 View Post
Insurance firms are all too quick to take yer money, but don't provide the service when needed
direct line could do it quick enough for me, car took sunday, writen off monday, check sent tuesday, now thats service and only took away half of my no claims too (bonnet catch)

iv had issues with tescos before, and they fall under the rbs banner with direct line

how can too seemingly same companys be so different
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If they hit you from behind they are pretty much liable - they need to prove that you swerved (any witnesses?) Good luck with the claim.
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As my status says...
My wife is paranoid that they are going to try and pin her accident on her even although a copper has said that the HGV driver said that her mini was in his blindspot.
A decent HGV driver does not have blind spots, and if a "copper" didn't point that out to the driver he knows F all. The so called blind spot is eliminated if the driver moves his head slightly.
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Don't bother with their call centre. Write a formal letter of complaint.

http://www.moneymadeclear.fsa.gov.uk/pdfs/complaint.pdf

Ask them how they consider it fair treatment of customers that because of their poor administration practices (lost accident report and unfulfilled promises to action) has resulted in your detriment of not having a hire car.



Good Luck
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If they hit you from behind they are pretty much liable - they need to prove that you swerved (any witnesses?) Good luck with the claim.
Agree with that.....my dad had a driving school and he told me that travelling at a safe distance behind other vehicles meant that you allowed for the unexpected, animals running in front of you, cars getting punctures and swerving, that sort of thing. The truth will out in the end, the following vehicle is at fault, it's a shame it takes so long to sort that out....
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Eek, just looked at Ombudsman complaints data. Tesco may not be the best people to complain to.

97% of cases referred to the Ombudsman made a change in favour of the policyholder!! Still at least you can take comfort that if you take it all the way the Ombudsman will probably rule in your favour
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I would just stick to your guns. Having someone ram you from behind as traffic slows on a motoway is probably one of the most common accidents, and insurance companies will be pretty clued up on who is normally to blame.

The only time you may be to blame for a rear ender is if you pull out of a side turn in front of someone, and then you get rammed as you are straightening up.
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Only advice I can give you is make sure you WRITE LETTERS to your insurance company. A phone conversations are too informal for issues like this, and solely dependant on what notes the operator chooses to put on the system. A letter tells all your points and is filed with your claim.

Seriously make sure you WRITE LETTERS.....(and yes I am speaking from experience)

Good luck ankh and hope everyone in car was ok.
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Only advice I can give you is make sure you WRITE LETTERS to your insurance company. A phone conversations are too informal for issues like this, and solely dependant on what notes the operator chooses to put on the system. A letter tells all your points and is filed with your claim.

Seriously make sure you WRITE LETTERS.....(and yes I am speaking from experience)

Good luck ankh and hope everyone in car was ok.
Great advice...
Also make copies of letters, send registered post and ask for written confirmation of receipt of letters....let them know you won't be messed about.....
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we have had issues with Tesco too,

ended up having to pay a third toward a bloke in a BMW who put his car on next doors garden, having tried to overtake mrs P when whe was about to make a right turn into our drive, despite indicating.

No damage to our car but Tesco 'split' the accident 70/30

was in its third year before it was finally sorted, even then we were not happy with the outcome

having an accident investigator is a waste of time as the other company hires a different one that draws a different conclusion. CSI it ain't.

neighbours as witnesses are useless as they are not deemed independant, so their accounts could not be considered

and most annoyingly if it turns out the other guys insurance company is a different division of the same parent, you are stuffed, they will do whatever they like. In my case Tesco and Renault insurance (I know on a BMW eh?) both have the same parent firm, RBS. :mad

however some good came out of it

1 they made such a balls up, they did not penalise our no claims bonus as a goodwill gesture,
2.the BMW which lives fairly local had a dent in the other side a year later and is going rusty
3. means my dislike for BMWs and their drivers is based on fact and experience, not just a whim.
They really are as bad as is made out, deceitful, aggressive, dangerous, arrogant, dishonourable and lying motherfookers.

In summary, will not go to Tesco insurance again, I'll leave it at the bread and milk.

Good luck, I fear it will be needed.
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oh I forgot, we were never informed of the claim (dispite advising them of the incedent) until our insurance premium went up some 8 months later as we had 'an unsettled claim' against us.

That is how utterly useless they were.
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and because I worked for them at the time and had a controlled rant down the phone, I had some woman phone me up and lecture me on not living the company values and enquiring what my job role was and at what location....
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and breathe....
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Quote:
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ended up having to pay a third toward a bloke in a BMW who put his car on next doors garden, having tried to overtake mrs P when whe was about to make a right turn into our drive, despite indicating.
How did he claim against you if your wife wasn't hit or hit anything??

We had a works van driver that caused an accident by turning right on a roundabout while in the inside lane. The car behind slammed his brakes on and the car behind him rear ended him. Our lad stopped and admitted fault (he got a right roasting from our boss for admitting it ) but we never heard anything again.
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How did he claim against you if your wife wasn't hit or hit anything??
thats why we were in dispute for three years

apparently the driver of the car has a duty to ensure it is safe to do the maneover, we felt that duty was met as our car was almost stationery and was not damaged. When the incident happened we reported it and were told that 'he was the architect of his own misfortune' and not to worry about it as our car was not damaged, only later, at the time of renewal, we found that there was a claim going on that we knew nothing about.
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thats why we were in dispute for three years

apparently the driver of the car has a duty to ensure it is safe to do the maneover, we felt that duty was met as our car was almost stationery and was not damaged. When the incident happened we reported it and were told that 'he was the architect of his own misfortune' and not to worry about it as our car was not damaged, only later, at the time of renewal, we found that there was a claim going on that we knew nothing about.
So in theory, anyone could make a claim against another driver but not actually tell them about it - that sounds like fraud waiting to happen

At least the OP is ok and not injured. Good luck with the claim
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Insurance companies are just the same here. Got rear ended in 2008 and had to start a lawsuit on the OP's insurance company as even when they established that it was his fault the insurance company wouldn't pay. Sold the car as it was when i got the money, that was 8 months after my first claim, 20 days after the lawsuit was filed.

Hope everything gets sorted for you
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