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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Car crash help

14 replies

LetsGoChamp · 25/07/2021 19:05

Just to say I’m not looking for free legal advise, but more just wonder what you’d do next.

I posted some months ago about my sister having a car crash. IMO the crash wasn’t her fault as she’s entered a mini roundabout legally and a car coming from her left failed to slow down/notice her, hit her side just behind the passenger door and sent her car rolling. The woman who crashed into her has denied liability and the insurance had just accepted this and dealt it as a 50/50 claim. Luckily somebody had very clear dash cam footage so we sent that over to the insurance, they still weren’t interested (it’s very clear she doesn’t slow down upon entering the mini roundabout).

Anyway, my sister hired a solicitor who said this will be easy to prove no fault on your behalf etc. We’re over 3 months since the crash happened, 2 months in since she hired a solicitor and nobody has got any further with it. She’s in limbo as her car was on finance and she’s getting letters asking her to pay it off, she’s stressed about it all. They’re offering her less than is on the loan by around £1500 (which I assume is normal as they’ve valued it at that).

Every time she speaks to the insurance company they just say no updates etc. When she speaks to her solicitor it seems like nothing else has happened. Would it be wise to just go to court if that’s the next step? Are they hoping she’ll just drop it and say ok so they’re dragging their heels. She hasn’t got another car/insurance as she’s not sure that she’d even get insured the way it’s going.

Sorry for the long post/possible drip feeding I’m not 100% on every aspect but I’ve tried my best to explain what I know is definite.

OP posts:
Shade17 · 26/07/2021 08:45

Is she paying for this solicitor herself? If the insurers have settled on 50/50 then she’s probably better just sucking it up. It’s going to be a long drawn out stressful process otherwise. The increase in premiums going forward is not likely to be that much providing she doesn’t have other fault claims and a million points etc. The £1500 shortfall is the perfect example of why you should get GAP insurance, never from a dealer but definitely worth having.

Essentialironingwater · 26/07/2021 09:01

I don't know if this will be helpful or disheartening but my insurers decided to go to court when they couldn't agree with a decision (someone came into back of me and disputed why I needed a hire car of that long and the same type as my - at the time quite expensive - car). It took nearly TWO years to get resolved, covid happening in the middle of it all, and we eventually won very quickly once in court. But I think these things take time.

TheQueef · 26/07/2021 09:05

I vaguely remember your thread.

Is there a reason she can't accept 50-50?
Apart from the obvious (she wasn't at fault) will there be a cost to her personally if she has a fault claim on her insurance? How many yrs no claims will she lose or is it protectec?

Original poster
LetsGoChamp · 27/07/2021 18:07

Sorry for the late replies.

I appreciate all the advice so far. To answer some of the questions, she is paying herself for the solicitor I believe. I don’t think there’s a reason she’s just upset about it because she genuinely doesn’t feel at fault and there’s evidence proving this in her eyes and the eyes of her solicitor - who said he’d have it done bish bash bosh and is yet to do so. It’s not protected and I think it’s only 2 or 3 years, so not a huge amount. It’s more they just accepted this 50/50 immediately and gave her a price for her car that was £1500 shy of the value she has to pay off against it that she was annoyed about I believe. Not sure how normal that is as I’ve only ever owned my crap cars outright!

2 years is a long time! I think she’s torn between throwing it in and just going all the way with it as she hasn’t got a hire car so she’s struggling with not having one now.

@Shade17 - I’ve never even heard of GAP insurance, I’m looking into it right now!

OP posts:
MySecretHistory · 27/07/2021 18:17

Mine took 2 years for a simple no fault- they drove into the back of me at a roundabout

Admiral-me
Axa- them

PieonaBarm · 27/07/2021 19:21

I had a claim that I was adamant wasn't my fault but was ultimately settled 50/50 (I can see why the insurers did this though), but took two and a half years to resolve. Bish bash bosh to a solicitor isn't a couple of months, courts of any type don't run quickly - for example criminal trials are currently being set for late 2022......

Jammysod · 28/07/2021 00:13

She's only entitled to the pre-accident value of the car, unfortunately with a car on finance you could end up with a shortfall.

What have the other party said has happened? What explanation has the insurer given for accepting 50/50? Did your sister agree to them accepting 50/50? Have they actually commented on the dash cam footage?

Unless the 50/50 has been accepted on a 'without prejudice to liability' basis, the solicitor isn't going to get a different result.

Original poster
LetsGoChamp · 29/07/2021 07:51

@MySecretHistory this is also admiral. They seem to be a bit crap, thankfully I’m not with them myself.

I don’t think she knows what the other party have said other than it’s not their fault. They have just said they’ve accepted it, I've seem the letter there was no explanation. Getting them to even watch the dash cam footage was a nightmare they kept saying they couldn’t see it (sent on every format you can imagine)!

I’m seeing her today so I’ll pass all of this information on, sorry for my very slow replies but I am reading them all and taking them all in!

OP posts:
PheasantsNest · 29/07/2021 07:54

Ours took 4 years to settle with Admiral. I refused to accept 50/50 and said I would go to court. They finally admitted liability after 4 years.

ForeverSausages · 29/07/2021 08:18

I can't work out how this is a 50/50 and I work in car insurance. It's a mini roundabout so I assume no lanes so third party can't be saying your sister changed lanes. Her insurance and solicitors should at least be able to tell her what the third party's allegations are? Is she claiming injury through the solicitors or just vehicle damage?

Also the £1500 shortfall on the finance for her car is normal. The car will be valued at current market value. They will not take into consideration how much is left on the finance. She won't get the shortfall back through her solicitors either.

You're welcome to PM me if you want (I don't work for Admiral btw 😂).

DynamoKev · 29/07/2021 08:19

Pretty sure there is case law that causes insurers to settle all on roundabout collisions 50/50. It is fucking annoying, but that’s the legal system for you.

texasss · 29/07/2021 08:22

I'm still in discussions over liability for an accident from 2020, did she have gap insurance?

Jammysod · 29/07/2021 08:39

Settling 50/50 isn't automatic on roundabout collisions. It usually happens when there is no evidence to support either parties version of events.
I'm surprised they were so dismissive of the dash-cam footage though.

Original poster
LetsGoChamp · 22/08/2021 20:55

Sorry for going full ghost on this post, I use the app and was without a phone for a few weeks.

On Thursday her insurance accepted her claim so she has took no liability, they have paid her the amount stated for the car, plus extra for something or other and £70 because it took so long.

At least it’s over.

Good luck to you all fighting the absolutely crap insurance companies out there!

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