Car accident still not resolved

[poloarpanda123]

In May 2019, I was involved in an accident where another car went into me. Luckily, I had an independent witness who wrote a statement which gave a similar account to me. I've always been adamant it was not my fault.
My insurance (Aviva) went to the other party but they wouldn't accept liability and so they engaged their solicitors on the case.
Now it's August 2020 and it's still not resolved.
All this time, obviously, I've had my NCB withheld and paying insurance costs without really being able to change providers.
I have called Aviva a few times and I've emailed the solicitors with no reply.

Is there anything I can do?

Maybe look at car insurance ombudsman?

Well if Aviva are like other insurers, it's bloody chaos at the moment. Put it this way, pre lockdown, if the office closed for a day unexpectedly it would take 2 weeks to get back to where were. 4 months on, it ain't pretty. Added to which, courts similar!
If Aviva have instructed solicitors they clearly believe you. You could put in a complaint to your insurers about lack of response from the solicitors to see if there is a timetable?

Thanks Charleyhorses, I guess it is bad timing at the moment. Like me, everyone is worried about their finances and trying to hold it together.
That's an idea FinFin

I would second what Charleyhorses said about making a complaint to your insurers about the lack of progress updates from their solicitors.

These cases can linger so a kick up the butt to the law firm should at least get you an explanation of why it's still outstanding.

It's unusual for liability to still be an issue if there's an independent witness...what were the circumstances of the collision?

Ombudsman Service had a massive backlog pre covid.i wouldnt go there now. Crack on with Aviva complaints process. Suggest to them that if the solicitors say you have a good chance of success there is no reason to hold your ncb outstanding. You will consider your complaint resolved if the allow your ncb and Mark the cue data base accordingly.
Worth a go.

If it’s anything like mine OP I’d be prepared for the long haul. Someone drove straight in to me on a roundabout At the end of July 2016 and it didn’t make it to court until February 2019 because the claimant dragged their feet and were always late with paperwork. Eventually they got their act together and sorted a court date which then ended up being a week after my due date (yes you read that right- in the time it took them to send four pieces of paper I managed to get engaged, get married, get pregnant and almost have a bloody baby!). Eventually got them to agree to postponing a month so I ended up attending court with a 4 week old baby (who they refused to allow in the courtroom!) but we did eventually win. I knew we would as I knew I was not the one in the wrong, but the delaying tactics were an absolute pain. With Covid and all that’s brought I’d expect it to be slow for a good while unfortunately. It’s unusual that the other party’s insurance haven’t default accepted liability since you have a witness though. Unless they happen to be one of the companies we’ll known for pursuing people through the courts regardless of liability (I can’t remember who they are but I remember my insurance reeling off a list of those who were well known for doing it).

I think they were with Directline but can't be certain. It was on a very small roundabout in a very small town. I stopped and looked as always and progressed forward and suddenly this car came hurtling towards the back of my car and got me side on at the rear.

Witness said, they saw me stop and look and also confirmed they saw nothing coming from the right. The driver, they say, was going very fast and thinks had not stopped at the roundabout but gone straight over.

My mum called an ambulance to check the kids as I had my 3 children with me and they'd bumped heads and they sent police to help clear us away. The police spoke with all of us and came to me afterwards and said I had nothing to worry about. (not sure what that meant).

I know generally on roundabouts it's the person who comes out in front who is at fault but this is a very small roundabout and the road that joins from the right is on a corner iyswim so unless someone is visible at the junction or a few yards behind, you wouldn't see them coming .

It was my own town btw so did that roundabout pretty much every day.

Tbh, I'm surprised your insurers have bothered to take it so far!
Mini roundabouts are notoriously difficult to prove, and on the face of it you should have given way to the right. Speed is not evidence of negligence unless it's truly reckless.
I'm sure it was different in the moment but I would actually move on from this. Leave it with your insurers, if they manage to get something then good.

I'm surprised your insurers haven't asked you to try for a 50/50 here
Liability disputes takes years. If your insurers have instructed a solicitor then they should be in touch with you now not the insurers. They will have been in touch with the third party insurers. These things take time unfortunately and complaining won't make it go any quicker.
I suspect the solicitors are arguing it out. Ultimately you may have to go to court and risk losing or get 50/50 anyway.

Charelyhorses, I explained that I did stop to give way and no car was seen by myself or the witness.

Can you put a google map link up?