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Original poster

Car insurance claim reopened!

21 replies

gemmah9 · 03/03/2025 13:26

Hi there would love some advice on this please!

I was in a collision on a roundabout in May 2024, not my fault , third party was in left lane going right round the roundabout and hit my head on with the front of his car as I indicated and left the roundabout.

he sat I cut him up as I was changing lanes - this went on for ages but then suddenly in Sept 2024 my insurers said the claim was closed, I was found not at fault and my £400 excess was refunded.

Fast forward 6 months later and apparently the third party insurers are back in touch stating I am fully at fault , my insurers are saying unless I have any new evidence it will go to 50/50 claim and I have to pay back £200 towards the excess that was refunded.

i have disputed this again, sent in images which show my direction of travel and the damage to my car backs up what I am saying as true.

in the meantime on my renewal which starts 15/03 I have told my new insurer about the claim but that I wasn’t at fault and they have quoted me based on that information!

anyone has this happen and is there anything I can do?

I didn’t have a dashcam at the time, I sure do now !

OP posts:

Renohouse · 03/03/2025 17:29

I dont really understand how you're not at fault? If you were coming off a roundabout did you nor look in your left wingmirror before changing travel? I'd accept 50/50 though it is frustrating it was sorted and they have backtracked, not sure the legalities of that.

Bluh · 03/03/2025 17:31

Yeah how can it not be your fault? Even if he was in wrong lane you essentially drove into him no!?

Bluh · 03/03/2025 17:31

And how did you hit each other head on? That’s impossible.

Charcadet · 03/03/2025 17:48

Not sure how you hit head on . Do you mean they hit the front side of the car? If you were leaving the roundabout and you tried to leave with a car on your inside surely you're at fault?

Original poster

gemmah9 · 03/03/2025 20:33

Renohouse · 03/03/2025 17:29

So I am the blue car and he was in the red …he was in the left hand lane going all of the way around the roundabout the lanes are marked to show I was in the correct lanes , the lane he was in means he should have come off the first exit

OP posts:

Original poster

gemmah9 · 03/03/2025 20:36

Bluh · 03/03/2025 17:31

Yeah how can it not be your fault? Even if he was in wrong lane you essentially drove into him no!?

No he hit me at the side of my car as I was leaving the roundabout in the correct lane

OP posts:

saveforthat · 03/03/2025 20:39

Yes I think it was his fault but legally, it might not be as you should be aware of your surroundings. Is it marked on the road left turn only etc? Did you not see him?

Original poster

gemmah9 · 03/03/2025 20:40

Bluh · 03/03/2025 17:31

And how did you hit each other head on? That’s impossible.

He hit me on passenger side door with front of his car - he was in left lane going the full way around the rounabout

OP posts:

Renohouse · 03/03/2025 20:42

You shouldn't have left the roundabout, if it was not safe to do so you should have gone around it again. Can't assume the left lane is clear, check your mirrors and come off the roundabout only if it it safe to do so. Yes he was in the wrong lane but I think 50/50 is correct in these circumstances and I wouldn't bother fighting it

Original poster

gemmah9 · 03/03/2025 20:43

saveforthat · 03/03/2025 20:39

Yes I think it was his fault but legally, it might not be as you should be aware of your surroundings. Is it marked on the road left turn only etc? Did you not see him?

It’s marked on the road for direction of travel so I can’t come over to the left until the point I did …no he must have been right in my left blind spot I’ve been on this roundabout a hundred times and everyone manoeuvres in the same way to come off at that junction , he would have had me right in his vision though and I was indicating in plenty of time

OP posts:

Icedlatteplease · 03/03/2025 20:55

Yeah 50/50

He was clearly in the wrong lane but he was there to be seen, the lane wasnt clear when you changed so you shouldn't have hit him. You might be able to argue 75/25 (I'm not up to date on the relevant case law) but not non fault. Bigger Question is why they refunded and closed the file in the first place

I'd let your new insurer know

RainbowsAreNotTheOnlyFruit · 03/03/2025 20:55

So he was in the near side lane (to your left) and you were in the offside lane?
In those circumstances his (alleged) intention to continue forwards to exit at the next/further junction is irrelevant.
You pulled into the lane in which he was already established and oncoming when it wasn’t safe to do so. Yes, you did cut him up and you’re lucky not to be taking 100% of the blame. Instead, it looks like the insurers are looking to settle this on a commercial basis with as little fuss as possible.
Your only possible redress might be a complaint against your own insurers if, as a result of their earlier action, you’ve suffered some financial loss or detriment. Personally, I’d accept it and move on.

bottlemom · 03/03/2025 20:58

I used to work in car claims that's a 50/50 fault. He's in the wrong lane but you've also tried to come off the roundabout when it wasn't clear.

bottlemom · 03/03/2025 21:01

Also a dashcam would have made no difference in this case, you pulled across a lane that wasn't empty.

Original poster

gemmah9 · 03/03/2025 21:06

bottlemom · 03/03/2025 20:58

I used to work in car claims that's a 50/50 fault. He's in the wrong lane but you've also tried to come off the roundabout when it wasn't clear.

But what about the fact in September 24 my insurer closed it with me found not at fault and refunded my excess?

OP posts:

bottlemom · 03/03/2025 21:29

I've no idea, I've never seen that happen and you could complain about that to them. I am surprised they found you not at fault in the first place though because these are always 50/50 or fault claims against you.

Bluh · 03/03/2025 23:20

I’d be happy it was 50/50 and not 100% in this instance. You drove into him. Irrelevant if he was in wrong lane

Totototo · 03/03/2025 23:29

If it goes to courts it will be 50/50. Very hard to prove fault in roundabouts.

JadededViewer · 03/03/2025 23:34

bottlemom · 03/03/2025 21:29

would the dash cam have a made any difference or would it silll be 50/50

socialdilemmawhattodo · 03/03/2025 23:59

Wow - if your diagram was correct I would also be annoyed at accepting 50:50. He is categorically in totally the wrong lane. I believe previous posters who are in the industry that you should be partly responsible, but that seems so harsh. His driving and failure to position and be cautious caused the accident.

I was recently on an unknown roundabout to me, I laned incorrectly, so I went round again. But checked all my lanes before moving on.

Poshjock · 04/03/2025 00:31

The case precedent is Grace & Tanner if you want to look it up. I would assume that the other party was unhappy at the outcome of the original decision against them and consulted the wealth of information contained on the internet and challenged their insurer with the above, causing them to rescind liability and offer 50/50. This is not uncommon and there are many sites and forums which guide the layperson in making such challenges.

please see link if you have Instagram or Google Grace and Tanner. The guy in the link is an expert claim handler and this is one on many he has done on this very subject. he does explain it very well, if a little heavy handed to combat the keyboard warriors that fight in the comments.

www.instagram.com/itsbigjobber/reel/DFOTubUODRJ/

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