Third Party Injury Claim - Worth fighting or don't bother....

In your first post you said she was on the phone at the time of the accident, this would have compromised her insurance cover.

But then you change this to an assumption that she was on the phone - you didn't actually see her on the phone, behind the wheel, while the vehicle was in motion?

When dealing with these things you have to be very clear - contradictory statements such as this would have an impact on how believable your version of events were in a situation where there is a conflict.

From your description and the insurance outcome, it sounds like you pulled out of a filling area and struck a car that was already moving through the forecourt. I'm unclear what your argument is against this although those photo's look like something you hit, not vice versa?
 
In your first post you said she was on the phone at the time of the accident, this would have compromised her insurance cover.

But then you change this to an assumption that she was on the phone - you didn't actually see her on the phone, behind the wheel, while the vehicle was in motion?

When dealing with these things you have to be very clear - contradictory statements such as this would have an impact on how believable your version of events were in a situation where there is a conflict.

From your description and the insurance outcome, it sounds like you pulled out of a filling area and struck a car that was already moving through the forecourt. I'm unclear what your argument is against this although those photo's look like something you hit, not vice versa?

You are correct - at the point of driving, I obviously didn't see her car, and I don't think she saw mine as I moved from the filling pump - I moved approx 15 ft from the pump, thus was going at a very very low speed when we bumped - I didn't actually see her on the phone whilst the car was moving.

However, we bumped into each other, I reverse away from the bump a few feet and got out the car within about 5 seconds and she did the same, and was on the phone speaking to someone already when she got out the van.

Now, she "claims" that in the space of time from the bump to getting out the car (approx 5 seconds or so) - she had picked up her phone, dial/made a call, and her husband had answered it. I said at the time was she on the phone at the time of her driving....she claims not.

So you are correct - I'm "assuming" she was on the phone at the time of the incident but can't prove it. (i can't see how someone can pick up their phone from inside their car, dial a number and be already speaking to someone in such a short space of time, let alone be more likely to be thinking about the incident that's just happened.)

My main point is not who's to blame etc - I can't be bothered arguing that with my insurance company as they decided early on it's my fault 100% - The point is, the incident took place at a speed I would say was sub 5 mph as I had barely moved from a stationary position - So an injury claim is a total joke and just made up.
 
Cutting a long story short...Car insurance is one big mess/scam.

7th September - I was recently involved in a bump in a petrol station forecourt with a Berlingo van (estimated 5 mph) ....Woman driver was on the phone at the time of the incident, admitted she was distracted and agreed it was her fault. 3 minutes later husband turns up, tells her to sit in the car he's driving, and say nothing to me. He then proceeds to rant at me about looking where I was going etc, tell me it's my fault - despite being nowhere near the incident at the time. We exchange details, I was on route to Edinburgh and car was fine to drive, mainly cosmetic damage.

Fast forward to later in the day on the way home from Edinburgh - Husband calls me claiming 3 witness saw me hit her van, he has CCTV from the garage and it's all my fault.

Anyway - I get home call my insurance and leave it with them to deal with.

2 days later - my insurance company call me, they've had zero contact from other party, or their insurance, so unless I can prove anything it will go 50/50 to start with. I tried to get CCTV from BP but it was going to take months of forms/data protection issues etc to get it and my insurance said to me not to bother.

Fast forward another week, suddenly my insurance call me again and say from the description I've given and the drawings I sent to them of the incident, it's my fault 100%.....I query how they get to this and they say that since the front of my car is damage and the side of hers is, I must have hit her....despite the fact she cut across me .

Also since I moved from a stationary position (the pump i was using) and she has come from my right side and was moving already on the forecourt, I'm to blame for it. I try and argue the point but my insurance not interested and tell me it's my fault.

So now I'm 100% liable for an incident according to them - Anyway - car goes to the body-shop that is the insurance companies preferred one, they have the car for 4 weeks!!!! and the final bill is £3000 for a new bumper, wing, new headlight unit and some small other scraps...... (I'm just paying my excess but the pricing is ridiculous for the job)

Total joke....Body shop are claiming it was 35 hours of labour and £1800 in parts!!!! Utterly ridiculous - but since it's an "insurance" job we can charge what we like......







Fast forward to this weekend

Received a letter from my insurance company - Third party is now making injury claim.o_Oo_O

Laughable - totally laughable. My 12 year old son who was in the car with me at the time of the incident summed it up well this morning...

" how can someone lie like that - she was totally fine and the bump was like 5mph as we pulled away from the petrol pump in a forecourt" - that's his take on it.

Pathetic that this incident will end up being around £5-6k claim now with what went on above plus injury claim.

Should I bother trying to fight the 3rd party claim - or just leave it, let the insurance payout and move on??

Esure is my insurers (would never use them again NOR their preferred repair company) - I'll be calling them tomorrow to find out the details of the injury claim - but there is NO WAY on this planet she was injured as it was a walking speed bump.

I presume I should just roll over and let them claim?? Ridiculous state of affairs
You're correct: what a mess. I know it's a bit too late for this accident, but I strongly recommend fitting a Dash Cam. That would have proved that you were not to blame and that she was on her phone. No data protection issues either! I'd probably drop it and let the insurance company sort it.
 
Gone over board with cameras now - got 4 of them.....Standard fair on the Model 3 Tesla!
 
Just because they have put a claim in for PI doesn't mean that any insurance company will pay out.

My OH bumped into the rear of a Frontera, deemed her fault, 3 claims for PI and damage for a crash at a few MPH .

Later when renewing the insurance I queried with the insurance how much was paid out so that I could inform the next insurance company of the value of the claim. The value recorded was zero.

I did meet with the loss adjuster who came to view the front of OH car (small crack in number plate housing) and discussed how minor the crash must have been.
 

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