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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I was involved in a car accident where the driver was

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I was involved in a car accident where the driver was driving too fast and hit my car. He went up onto the pavement scraping the side of my car and ripping off the mirror on the left hand side before getting back on the road again. Obviously the next bit is no use in court but he admitted he had been driving too fast and said his father owned a garage and he would get my car repaired. I still reported this to my insurer (SAGA) but in the end the other driver decided to go through insurance.
Everything has been a bit of a hassle but a couple of days ago I received a letter from SAGA to say they were going to admit liability on my behalf and settle the other sides claim stating that they could not establish what speed the other car driving at and as I had entered the road from my home address (two blokes of flats, 12 in total) it was deemed that I was at fault. I assume that no one should drive onto a main road in that case. There does not appear to be any witnesses for either myself or the other driver and I do not want this claim settled as it leaves me approximately £4000 out of pocket, I lose my no claims and I have had to replace the car as my partner is 80 and can no longer walk and needs to be transported in a wheelchair. I have emailed my insurance company telling them not to pay the other side and that if necessary I will contact a solicitor and take action against the other driver. I am also not happy that SAGA have taken this action without consulting with me first but they say they rang a couple of days ago (16th) when I was in France. Can you offer any advice on this tricky situation?
David Maskell
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear *****, you would be very foolish to allow SAGA to pay this claim and have you bear the costs of the accident when you were not at fault. Accordingly, I would advise you to get a solicitor and to formally write to SAGA and make clear to them that in no circumstances should they admit the claim. If necessary, you should issue legal proceedings against the other driver. I am very surprised that SAGA would admit the claim when the other driver mounted the pavement. It beggars belief that they should hold you liable in such circumstances. However, you need to be proactive here.

Expert:  Buachaill replied 10 months ago.

2. Get a solicitor involved and show you are serious and mean business. Whoever is handling the claim at SAGA is merely taking the easy way out. Essentially, they are admitting the claim before they have heard your account. So, write down an account of the accident and have your solicitor go through it with you. This should then be sent with a covering letter to the insurers with a demand that they don't pay out.

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