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John, Solicitor
Category: Law
Satisfied Customers: 2008
Experience:  10 years legal experience
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I had an car accident in February and I need help as I got

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Hello, I had an car accident in February and I need help as I got into very unfortunate situation now and don't know what to do.
JA: Where are you? It matters because laws vary by location.
Customer: mk43 0fy
JA: What steps have you taken so far?
Customer: contacted citizen advice
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It's a lot to explain.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you.

Hello, how can I help?

Customer: replied 1 year ago.
Due to mistake of my insurance company I was blamed for accident that wasn't my fault. They agreed they made a mistake but they are doing nothing to fix it. I don't know what to do now. Accident happened in February my broker agreed it wasn't my fault and they forwarded this claim to insurance company IMS they also agreed it wasn't my fault but due to corona virus it took them months to proceed with this claim. Every few weeks they've send me email and sms advising they contacted third party. Month ago IMS called me saying third party doesn't want to be reliable and they want to do 50/50. I absolutely disagreed with this as the accident wasn't even slightly my fault. IMS than for some reason closed the claim and it went back to my broker who opened it again with another insurance company called COVEA. They didn't communicate with me at all. When I called them they didn't even know they are dealing with my claim. Later they've send me email asking about details of the accident. I forwarded them the same email as I did to IMS. I didn't get any response and 2 weeks ago lady from COVEA called me saying that they are closing the claim they ave money for me and she just asked if I want to be paid my cheque or bank transfer. I was happy thinking it's finally over I gave her my bank details and that was the end of the conversation. I emailed COVEA later asking how can I claim back the excess that I paid as the accident wasn't my fault the third party should cover the excess. They replied saying that as the accident was my fault I can't claim the excess back. I email them back explaining the accident again and I didn't get any response. Few days after I called them asking for update. Lady on the phone told me the claim was closed I explained to her what happened again and she agreed with me that the accident wasn't my fault she said they will contact third party again as they didn't paid anything to them yet and if everything goes ok they'll claim the excess back for me. Week later I send them another email asking for update and got no reply. I don't think they are doing anything with this claim anymore. And I don't know what to do next.

Ok thanks, ***** ***** a moment to read this please.

Customer: replied 1 year ago.
That's ok, I'm sorry for a lot of reading. Wish it could be less complicated.

Thank you. I just have a few questions.

Can you just confirm who were your actual insurers at the time of the accident? Not the brokers - the insurance company?

Can you confirm if liability is still outstanding or if it has been established?

If liability is outstanding, on what basis? What happened in the accident?

When the lady called you to advise of payment, what was this money for, did she tell you?

Is there any injury involved in this at all?

What ideally would you like to happen, for the claim to finish?

Customer: replied 1 year ago.
At the time of the accident my broker was O2 and insurance company was IMS. I can't confirm if liability is outstanding. Last time I spoke to the insurance company they said it is not my fault but at the same time they closed the claim as my fault. Money was for my car which was written off. Value was 2290 and excess 650 so they've send me 1640. She just told me that they have money for my car. She didn't said anything about it being my fault. No one did. Yes I injured my knee. There is another company dealing with that claim I didn't hear from them either but right now this is my priority. I want them to acknowledge the accident wasn't my fault as I already bought my car and my insurance is now higher due to the claim I had to put as my fault not even talking about no claim discount. And I want my excess back that I paid. I was already on the dual carriage way and the other car joined the dual carriage way in front of me without checking and I had right of way. She was NOT joining from a slip road she was standing in the middle of two carriage ways waiting to join my lane. If I am driving at 60mph on the dual carriageway and somebody joins from a standstill where they don't have right of way and they are only travelling at 10 mph (maximum) when joining, it is not possible for me to break in time giving the distance she had left between us when joining.
The driving code of conduct stated that when driving, your decision should not cause another driver to change speed or direction, in an exam, this is a major and an immediate fail which is exactly what the other driver did.This description is from email I send to COVEA after they emailed me the accident was at fault.

Ok thanks for explaining.

The first thing you will need to do is get a liability decision established. It seems, because this hasn't happened, it has caused a bit of confusion and you do not know where you stand. Once liability has been established, you should not have any issues with regards ***** ***** excess.

When I say established, I don't mean an opinion from your insurers, I mean a decision needs to be obtained from the third party that they accept full fault. If you have another company dealing with your injury, they can also help in establishing liability on your behalf. It is all binding if they were to do this.

They cannot close your claim as a fault claim, if liability is still up in the air, so I would recommend you contact them to find out what is happening with regards ***** ***** and then moving forward things should be a lot easier.

Does this help?

Customer: replied 1 year ago.
I just called them and they advised they are still trying to find out liability. From your personal experience does it always take months to establish liability? What should I do next? Should I just keep waiting?
But your answer already put me at ease. It sounds a lot less complicated now.

I thought as much, because the way things have happened so far, does not sound like a decision on liability has been made.

Yes, liability can take a while to establish in some cases, it depends on a few factors, such as complexity of the accident, what each party is saying, what evidence is available, how quickly you can get that evidence etc. For example, the third party may be hard to get hold of which delays their insurance company admitting fault. Even then, it can still be delayed if the third party does not accept fault as a lot of investigations need to happen first. So liability is important to establish as soon as possible, no matter how clear cut it may seem, a legally binding decision needs to be made. It will make things easier for you.

What I would suggest you do, is just be as cooperative as possible with your insurers/representatives. Give a full statement if you can, provide pictures, diagrams etc of what's happened. Chase them at least once a month for an update just to make sure they are proactively working on the case.

Does that help?

Customer: replied 1 year ago.
Thank you so much. I would do what you suggested. I'm really grateful for your help I was stressing and panicking for months now I finally have at least some kind of control of the situation now.

Pleasure, I'm happy to help. Do return to the site if you need any more assistance, you can request me by just putting my name before any question. Please also leave a rating for me, you can do this by clicking the stars at the top of the page. Thank you.

John and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Will do. Thank you so much. Have a great day and stay save in these troublesome times :)

Thank you, ***** *****