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Help About Insurance Claim Please !

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Re: Help About Insurance Claim Please !

Postby shootist » Thu Nov 10, 2016 10:35 am

Hairyloon wrote:
shootist wrote:Tachograph analysis is remarkably accurate. Even in my days on Traffic about 30 years ago it was possible to analyse the trace to a quite remarkable degree, especially in collision cases...

Might that be rather more difficult if they don't know the exact time of the crash?
I would expect that most instances of collision would show a sudden deceleration or acceleration from the transfer of momentum; I don't think that would be applicable where the truck has gently reversed over the car.


Again, even in my times it was possible to reconstruct the entire route driven by a tacho'd vehicle on a particular day. Even 30 years ago they were extremely difficult to fiddle. The analyst will be able to trace the vehicle's route for that day, and most, if not all, incidents that occurred, such as sharp braking, acceleration, and many other factors, including any reversing. If it was going backwards at the time of the incident that should be a clue. (Of course, it would also prove whether the lorry had been driven into from behind) If the tacho record is missing for that day I would think that would be very useful in a civil claim. If the police decide not to prosecute for any reason that should mean that the evidence they have obtained should still be available for a civil case.
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Re: Help About Insurance Claim Please !

Postby Hairyloon » Thu Nov 10, 2016 11:39 am

Good to know. Thank you.
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Re: Help About Insurance Claim Please !

Postby tph » Sat Nov 12, 2016 12:52 am

My point was more a case of asking the insurance company if they had requested the tachograph data from the other party. If they said no you could reasonably claim that they have not investigated the claim properly.
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Re: Help About Insurance Claim Please !

Postby Maz JP » Fri Nov 18, 2016 11:02 am

So we did ask (never let it be said I can't take advice!) and this is the response we received :

Further to your recent correspondence we can confirm that we had not requested the third party driver’s tachograph. We did not request this as we were presented with the witness statement which is enough evidence to unfortunately hold us accountable for this incident.


Loosely speaking, this translates as "We did not request this because we always prefer to believe a dodgy statement from an unknown person who we have not investigated at all, as opposed to one of our customers on whose side we are meant to be. It's cheaper".

Of course we could refer to the Ombudsman, but that is a long, circuitous path with little known guarantee of redress. So currently we are exploring options for a civil action.

If you like, I'll keep you informed.
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Re: Help About Insurance Claim Please !

Postby dls » Fri Nov 18, 2016 11:31 am

Write back to say that they can still make that request. If they fail to do so, this will no doubt reflect in teh costs award against them when you sue the other driver and them.
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Re: Help About Insurance Claim Please !

Postby Maz JP » Tue Jan 17, 2017 5:19 pm

Just remembered I promised an update.

So, we explored all routes, and (since the idea was about spanking the insurance company as much as anything else) we asked the insurers whether they would reinstate the no-claims (i.e. agree that we were not at fault in any way) if we won a civil case against the driver .

I mean, you would expect the answer "Yes" wouldn't you? A court has found one party to be telling the truth and another to be a liar, so you would expect the insurance company to say "Hurray, my client is telling the truth"??

Of course you would!

You can tell what's coming, can't you? The insurers said it would make no difference to the claim, and when my wife asked me "What's the point of spending £10,000 or more if it makes absolutely no difference to the outcome?" I didn't have a sensible answer, I'm afraid.

Funny old world where telling the truth, and being proven to have told the truth, doesn't do any good.
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Re: Help About Insurance Claim Please !

Postby diy » Tue Jan 17, 2017 9:14 pm

What is the value of your claim and why do you think it will cost you £10k to claim?

Last time I sued someone in the small claims court (<£7K limit I recall) it cost me about £200. Which I got back in my award. It was a very enjoyable morning at the county court (with the benefit of hindsight and given the outcome). I "wasted" a daft amount of time preparing for it though.
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Re: Help About Insurance Claim Please !

Postby atticus » Tue Jan 17, 2017 10:15 pm

Sue the driver. Have nothing further to do with this insurer.
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Re: Help About Insurance Claim Please !

Postby Maz JP » Wed Jan 18, 2017 4:38 pm

One of the issues is that actually we have not lost any money.

The car was a write-off, but the insurers paid out, so we are not out of pocket. (In fact, we seem to have made an unintended profit!).

Maybe we are out-of-pocket on losing a no-claims, but the outcome of the case would make little difference. So it would be a lawsuit just to prove a point, and that might - says Mrs Maz - be somewhat of a luxury.
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Re: Help About Insurance Claim Please !

Postby atticus » Wed Jan 18, 2017 4:42 pm

There could be a small claim for the uninsured loss, i.e. the excess on the policy and no claim s bonus.
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