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Disputing Insurance 3rd Party Claim HWC Rule 221 Decision Without Prejudice, Dispute with Insurer Re Third Party Claim.
Strawberries
post Wed, 20 Sep 2017 - 15:09
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In January this year a HGV came into my lane and scratched my left mirror slightly.
He claimed his vehicle didn't touch me and the scracth was already there. The HGV was left hand drive. As vehicles ahead of me began moving he veered right and moved forward by so doing he hit my mirror.
This is a two lane road that becomes one lane. 3/4s of his lorry from the front tyre back was still in the two lane bit but the front 1/4 of his lorry was at the point where the road no longer had the white line divider markings. The front right corner of his vehicle made contact at 3/4 length of my car (at the mirror). No damage to his vehicle.
He claimed nothing happened and refused to give details. I rang the police, the lady spoke to him and he said he will. I decided not to claim.

Lo and behold 2weeks ago my insurers rang to say there's a claim against me and today they've accepted to pay out on a without prejudice basis. This will affect my 5yrs NCD. I wasn't at fault and I feel so taken advantage of.
My insurers say R221 of the HWC says to give way to larger vehicles but this guy came from behind on the left lane as there were no cars there but that's cos ahead cars are parked there and the lanes merge. My lane was stationary and his vehicle was left hand drive so on impluse he moved right when cars ahead of me started moving while I was still stationary. Reading the full paragraph and the picture surely this is a misinterpretation of the rule?

I have him on video saying his car didn't touch me and I was insisting he rammed into me.
How can the insurers claim there's no proof he was negligent and I pulled up to him when I didn't? My lane wasn't moving. Surely I can't be expected to ask cars behind me to move back so that I can reverse for a hgv on my left a little behind me to come into my lane as I was already ahead?

It seems the way car insurance works is to always claim. Whoever claims wins.
How can I contest this decision please?

https://www.gov.uk/guidance/the-highway-cod...care-204-to-225

https://www.google.co.uk/maps/@51.6799831,-...3312!8i6656
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post Wed, 20 Sep 2017 - 15:09
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StuartBu
post Wed, 20 Sep 2017 - 15:27
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You said there was mo damage to his vehicle so what are the insurers paying out for?
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666
post Wed, 20 Sep 2017 - 16:05
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QUOTE (Strawberries @ Wed, 20 Sep 2017 - 16:09) *
My insurers say R221 of the HWC says to give way to larger vehicles but this guy came from behind on the left lane as there were no cars there but that's cos ahead cars are parked there and the lanes merge. My lane was stationary and his vehicle was left hand drive so on impluse he moved right when cars ahead of me started moving while I was still stationary. Reading the full paragraph and the picture surely this is a misinterpretation of the rule?


Rule 221 certainly doesn't say that. In any case, you could hardly give way if you were already stationary. Your problem is that the other driver's story is different, so (unless there are independent witnesses or some other evidence) the best outcome will probably be 50/50.

You should have reported this to your insurers immediately in case of a future claim.
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Jimzzr
post Wed, 20 Sep 2017 - 17:04
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QUOTE (666 @ Wed, 20 Sep 2017 - 17:05) *
QUOTE (Strawberries @ Wed, 20 Sep 2017 - 16:09) *
My insurers say R221 of the HWC says to give way to larger vehicles but this guy came from behind on the left lane as there were no cars there but that's cos ahead cars are parked there and the lanes merge. My lane was stationary and his vehicle was left hand drive so on impluse he moved right when cars ahead of me started moving while I was still stationary. Reading the full paragraph and the picture surely this is a misinterpretation of the rule?


Rule 221 certainly doesn't say that. In any case, you could hardly give way if you were already stationary. Your problem is that the other driver's story is different, so (unless there are independent witnesses or some other evidence) the best outcome will probably be 50/50.

You should have reported this to your insurers immediately in case of a future claim.


Why doesn't his video of the other driver saying his lorry didn't make contact count as evidence? If there was no contact , what on earth is the claim for.

Anyway, you've probably nothing to lose by making a formal complaint to your insurers (and subsequently to the FCA if rejected).

This post has been edited by Jimzzr: Wed, 20 Sep 2017 - 17:04
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fedup2
post Wed, 20 Sep 2017 - 17:16
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" a HGV came into my lane and scratched my left mirror slightly. "


"I have him on video saying his car didn't touch me and I was insisting he rammed into me. "

So were you exaggerating what happened?



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