LV Motorhome Insurance claim. Big problem

[jerryz]

When my MH was hit by a Renault van on M27 a few weeks ago all seemed clear

The driver of Renault admitted to me and Police that he caused the incident when he drifted into my lane and his wing mirror and then bumper made my van unstable and then go into his lane . This is in Police report ,

However a third party dash cam only shows the last part of the incident and not his intial drift into my lane or impact so his insurers are now claiming against me and LV have caved in?????

The police also saw the dash cam evidence from 3rd party and they say it does not show the start of the incident but that the Renault driver clearly admitted to drifting into my lane and causing the whole accident..

LV are obviously being lazy and say they will dump the whole thing on me and my unblemished 33 years NCD record when I am the abused party ,,m I need to fight this and will need advice on what to do now , I am very upset as it is after the accident and now to be blamed for it as well when I was not at fault is aweful.

I am now serously thinking about giving up on MH as I have not had any problems in 30 years with cars or motorcycles

How can I get LV to put this right?????

 

[FrankNicklin]

It doesn't matter as the person doing the 'brake testing' would not be in any position to complain

In the past there were many scams with people braking hard after disconnecting brake lights and causing accidents, claiming for whiplash, multiple passengers, multiple claims. Through no fault of their own the following driver was hit with a massive insurance claim as the person that hit the car in front. It is not as cut and dried as you make out.

 

[Tony50]

Insurance companies are a nightmare to deal with looking after 100 odd cars 52 trucks and trailers, I had some power over them, but a one off you struggle, I hit a car ( heap)at about 5 mile an hour on a round about, he said he was ok , then claimed whiplash, my broker said they paid him £12000 for whiplash plus car repairs.

 

[jerryz]

OK update

Have received report from Independent legal advisor and its not looking good ,,
He has reviewed the Video evidence ,, been in contact with all witnesses and spoken with police and National Highways .

Basicly the video dash cam is very poor due to sunlight as all vehicles involved were traveling east in early morning . Its very difficult to see which lane anyone is in we were all traveling at 50 mph in the roadworks area
The audio tells of the initial hit by Renault on my van , but cant tell where it happened in which lane , my losing control is not clear after the hit but just as we come to an incline , there is shadow from sun and my vehicle is now wobbling and drifting into his lane....
National highways video does show other vehicle hitting me first but again not clear what the lanes situation is ,but it does show my vehicle being bumped violently left and then swerving back to right to avoid hitting vehicle in my inside as im in middle lane, and then going a bit wobbly as \i fight for control and thats when we hit each other again but now in his lane , Police will not be prosecuting anyone , they confirm that other driver admitted being out of his lane, and causing the accident and thats their statement of their investigation after reveiwing all evidence that I am not at fault ,also another driver has come forward who saw the Renault out of his lane when he hit me ,but thats just verbal statement but that seems not to count according to insurance companies .

Adviser says its at worst a 50-50 by the evidence as its is and knows the insurance companies will take the path of easy resolution even though its clear to him, the police and ALL witnesses that I did not cause the accident. However what the insurers do is not always in the victims interest they are putting it 100% on me saying that I deliberately rammed the Renault.

I have pointed out that If I had been deemed to have deliberately rammed another vehicle the Police would be prosecuting me !!!!!!!

Me going to hospital for shock and my van being towed is irrelevant apparently
.

I could fight this in court , to ensure 50-50 but again its a gamble and in my current health and state of mind not a good idea ?

My van will be repaired sometime in New year ??? and it looks like I lose my unblemished Accident record as i will be deemed at fault and lose NCD and will get a big premium rise in August and a rise in my minimal insurance for my motorcycles ..

i have lost all confidence in the insurers ,and the way my cae has been handled , and as i mentioned before my personal confidence when driving 4 wheeled vehicles is now nil I cant get behind the wheel so am totally reliant on my motorcycles .. thats weird as I should feel safer in a car but Im getting freaked by passing vehicle s even as a passenger .

My mental health has nosedived , and is now affecting my other health issues .and im not nice to hang out with ..

 

[L' Hobo]

OK update

Have received report from Independent legal advisor and its not looking good ,,
He has reviewed the Video evidence ,, been in contact with all witnesses and spoken with police and National Highways .

Basicly the video dash cam is very poor due to sunlight as all vehicles involved were traveling east in early morning . Its very difficult to see which lane anyone is in we were all traveling at 50 mph in the roadworks area
The audio tells of the initial hit by Renault on my van , but cant tell where it happened in which lane , my losing control is not clear after the hit but just as we come to an incline , there is shadow from sun and my vehicle is now wobbling and drifting into his lane....
National highways video does show other vehicle hitting me first but again not clear what the lanes situation is ,but it does show my vehicle being bumped violently left and then swerving back to right to avoid hitting vehicle in my inside as im in middle lane, and then going a bit wobbly as \i fight for control and thats when we hit each other again but now in his lane , Police will not be prosecuting anyone , they confirm that other driver admitted being out of his lane, and causing the accident and thats their statement of their investigation after reveiwing all evidence that I am not at fault ,also another driver has come forward who saw the Renault out of his lane when he hit me ,but thats just verbal statement but that seems not to count according to insurance companies .

Adviser says its at worst a 50-50 by the evidence as its is and knows the insurance companies will take the path of easy resolution even though its clear to him, the police and ALL witnesses that I did not cause the accident. However what the insurers do is not always in the victims interest they are putting it 100% on me saying that I deliberately rammed the Renault.

I have pointed out that If I had been deemed to have deliberately rammed another vehicle the Police would be prosecuting me !!!!!!!

Me going to hospital for shock and my van being towed is irrelevant apparently
.

I could fight this in court , to ensure 50-50 but again its a gamble and in my current health and state of mind not a good idea ?

My van will be repaired sometime in New year ??? and it looks like I lose my unblemished Accident record as i will be deemed at fault and lose NCD and will get a big premium rise in August and a rise in my minimal insurance for my motorcycles ..

i have lost all confidence in the insurers ,and the way my cae has been handled , and as i mentioned before my personal confidence when driving 4 wheeled vehicles is now nil I cant get behind the wheel so am totally reliant on my motorcycles .. thats weird as I should feel safer in a car but Im getting freaked by passing vehicle s even as a passenger .

My mental health has nosedived , and is now affecting my other health issues .and im not nice to hang out with ..

Sorry to read of your health problems and hope you recover soon.
Just to say, when I was in the Transport business, until my retirement, I was advised, by the Company Solicitor that, a Verbal Contract, especially in front of a witness, is just as binding as a written one.
I would have thought that also applies to statements?
(Perhaps it's only to LV that it doesn't?)

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[Puddleduck]

jerryz

Your health, physical and mental is worth far more than money.

Only you can decide if pursuing through the courts would improve or worsen your health.

My claim took 4 years to settle and I was able to sit back and allow the legal people to follow up on my behalf - but I did not have to prove guilt or blame as that was never in any doubt. I claimed for loss of NCD and increase in insurance premiums plus injury - the delay was because we had to wait for any health improvement or deterioration and for the full financial cost to become clear.

 

[FrankNicklin]

Sadly court cases can take years and years to complete. I had an accident back in 1982 involving a speeding motorcyclist on a blind bend, he hit me but I lost the case because my statement in court was 2 words, no joke 2 words different from the police statement 3 years earlier, can you remember what you said 3 years ago. I also was witness to a hit and run accident in a carpark. parked car was severely damaged by another car parking alongside, took out the whole side of the parked car and drove off. I took the registration and waited for the owner to given them my details. That case took 2.5 years to go to court. It seriously makes you think it’s just not worth the hassle of years of uncertainty and waiting.

 

[tinkertaylor]

This isn't unusual,.most insurance claims are settled 50/50, it's just easier for the insurance companies to operate this way.

Brush yourself down and carry on living the life you want to. It's to short to let things that are out of your control dictate how you live your life. In a years time your incident will mean nothing to no one and accidents are what insurance is for. Hope you can turn this situation around move on in the right direction .

 

[VXman]

Should have gone to Thailand like you said you were going to in the other damage thread and then this wouldn't have happened!

So I assume you did manage to get the windscreen fixed? Were you driving with all that other damage still there?

 

[Tony50]

All insurance companies have a settlement period, where they settle what they owe each other.

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[jerryz]

This isn't unusual,.most insurance claims are settled 50/50, it's just easier for the insurance companies to operate this way.

Brush yourself down and carry on living the life you want to. It's to short to let things that are out of your control dictate how you live your life. In a years time your incident will mean nothing to no one and accidents are what insurance is for. Hope you can turn this situation around move on in the right direction .

yes 50-50 would be ok But LV and the other parties Insurance have decided to dump it ALL on me as If I caused the accident , and that is what I am angry about ..


My legal advisors are now writing to LV and other insurance company a strongly worded letter its either 50-50 or I will go to court ,

 

[tinkertaylor]

yes 50-50 would be ok But LV and the other parties Insurance have decided to dump it ALL on me as If I caused the accident , and that is what I am angry about ..


My legal advisors are now writing to LV and other insurance company a strongly worded letter its either 50-50 or I will go to court ,

I can understand your frustration in the system. I don't think you will find the right answers in a court case, especially if its self funded. Legal cover, in my experience, will back off any claim they are not highly likely to win, how I know this......parked car, driver reversed into my car then lied about it saying they didn't and legal cover ran a mile saying they wouldn't win the case.

Living in the Birmingham area I have known more than one occasion when well organised crash for cash scams have succeeded in claiming for their loss despite overwhelming evidence pointing to their fraudulent claim. One gentleman I know had a crash on an island and then witnessed the same type of crash on the same island with the same people involved a month after his 'accident'. The insurance company wasn't interested and just paid out, his fault, he lost his no claims bonus.....

My advice is to move on and try and put this behind you. It's obviously very upsetting but life's isn't always fair.

 

[Mike Rivers]

Events like these are a real bummer and I understand why it may dim your enthusiasm but look at it this way. Everyone will experience an accident in the course of their life. You, through your own diligence, have been fortunate to avoid one thus far, yet here you are. Even taking this episode into account, and whether you end up paying for it or not, you’ve done really well and many people here would be envious of your record, so put it to bed as quickly as you can. As someone else mentioned don’t let this one incident spoil your enjoyment. The faster you deal with it the less the emotional cost. Don’t beat yourself up, sh.t happens to everyone but it’s how you deal with it that counts. My dear old dad always used to tell me “Don’t let the bastards get you down”. So I say to you “Don’t let this grind you down”. Move on and enjoy many more years of happy motorhoming.

 

[Margsmit]

When my MH was hit by a Renault van on M27 a few weeks ago all seemed clear

The driver of Renault admitted to me and Police that he caused the incident when he drifted into my lane and his wing mirror and then bumper made my van unstable and then go into his lane . This is in Police report ,

However a third party dash cam only shows the last part of the incident and not his intial drift into my lane or impact so his insurers are now claiming against me and LV have caved in?????

The police also saw the dash cam evidence from 3rd party and they say it does not show the start of the incident but that the Renault driver clearly admitted to drifting into my lane and causing the whole accident..

LV are obviously being lazy and say they will dump the whole thing on me and my unblemished 33 years NCD record when I am the abused party ,,m I need to fight this and will need advice on what to do now , I am very upset as it is after the accident and now to be blamed for it as well when I was not at fault is aweful.

I am now serously thinking about giving up on MH as I have not had any problems in 30 years with cars or motorcycles

How can I get LV to put this right?????

Have you got legal cover as this usually sorts these problems?

 

[Pausim]

Many many years ago I was in an accident. My recollection and that of the other driver differed and he wasn’t happy that the blame was falling on him. He took me to Court, I was defended by my insurance company but I think the other party may have self funded. My Barrister said it was all a waste of time and he pretty much knew the outcome before we started. At the end we were both held partly responsible and both less well off and both not happy.

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[Clive Beeza]

Insurance is no longer fit for purpose they make the rules to suit themselves
We returned from our holiday in the Motorhome to discover that my work van ( im a sole trader) had been hit by a lorry while parked outside my house the driver had left his information with a neighbour my van was quite badly damaged I contacted my insurance company to start the process of getting my van repaired. I thought it would be quite straightforward. I asked for a hire van so that I could continue to work but was told that the third-party had not accepted liability. I thought this might be a problem until my neighbour across the road informed me that he had CCTV footage of the incident I sent this footage to my insurance company to the email, I was provided with for correspondence after a couple of weeks I phoned them to see if they had seen the footage and would they please hurry up with a hire van I need to get back to work. I was informed that they had not seen the footage because they needed to supply me with a special link to send this information to, promise to send it me immediately, it never arrived
A week later I called to find out why I’ve had no link from them and was told that the lady that I spoke to did not have the authority to send it to me, but they ensure it was sent out that day which it was. I sent on the CCTV footage and then waited for another week. I called them and ask them if they had seen the footage after a good 15 minutes of silence I was told that they had reviewed it, and it was clearly not my fault still I had no hire van. I asked if I could hire one myself and claim the money back. They advised against this. My van was eventually repaired, but I was never given a hire van so was unable to work
During all this Motorhome Insurance was due it had increased considerably due to the claim on work van, not yet been recorded as a no fault incident, my work van insurance company had the cheek to send me a renewal that had increased in cost from around £400-£1400 This was eventually resolved and the cost only increased by around £100. As you can see so far. This has cost me a considerable amount of money for something that is in the way of my own doing
I contacted some solicitors for help through my legal cover believe me this legal cover is a complete and utter waste of money. They basically told me that it is written in law that because my work can be postponed and done at a later date. I am not entitled to any kind of compensation backed up by contact with other legal parties and confirmed to be the case. The problem with people saying that just suck it up, your insurance may increase slightly continue to enjoy your motorhome. The impact of the increase in insurance becomes relevant to any other vehicles. i have my car which is an extravagance. I agree will cost considerably more to insure being the type of car that is due to this. The motorhome insurance has already gone up. The van insurance has gone up and as a name driver on my wife’s car, her insurance has gone up.
Like I said at the start we pay for insurance and expect to be covered and compensated. Think again. Insurance is no longer fit for purpose.
I’m firmly of the opinion that if your vehicle is damaged and it is less than £2500 to get it fixed it’s not worth claiming and it’s beginning to seem like even claiming for your windscreen will be recorded as a claim and affect your cost, but apparently not your no claims bonus

My Goodness Kelvin.
what an experience, absolutely dreadfull,
I wonder what the insurance ombudsman
would make of your tale @

Insurance is no longer fit for purpose they make the rules to suit themselves
We returned from our holiday in the Motorhome to discover that my work van ( im a sole trader) had been hit by a lorry while parked outside my house the driver had left his information with a neighbour my van was quite badly damaged I contacted my insurance company to start the process of getting my van repaired. I thought it would be quite straightforward. I asked for a hire van so that I could continue to work but was told that the third-party had not accepted liability. I thought this might be a problem until my neighbour across the road informed me that he had CCTV footage of the incident I sent this footage to my insurance company to the email, I was provided with for correspondence after a couple of weeks I phoned them to see if they had seen the footage and would they please hurry up with a hire van I need to get back to work. I was informed that they had not seen the footage because they needed to supply me with a special link to send this information to, promise to send it me immediately, it never arrived
A week later I called to find out why I’ve had no link from them and was told that the lady that I spoke to did not have the authority to send it to me, but they ensure it was sent out that day which it was. I sent on the CCTV footage and then waited for another week. I called them and ask them if they had seen the footage after a good 15 minutes of silence I was told that they had reviewed it, and it was clearly not my fault still I had no hire van. I asked if I could hire one myself and claim the money back. They advised against this. My van was eventually repaired, but I was never given a hire van so was unable to work
During all this Motorhome Insurance was due it had increased considerably due to the claim on work van, not yet been recorded as a no fault incident, my work van insurance company had the cheek to send me a renewal that had increased in cost from around £400-£1400 This was eventually resolved and the cost only increased by around £100. As you can see so far. This has cost me a considerable amount of money for something that is in the way of my own doing
I contacted some solicitors for help through my legal cover believe me this legal cover is a complete and utter waste of money. They basically told me that it is written in law that because my work can be postponed and done at a later date. I am not entitled to any kind of compensation backed up by contact with other legal parties and confirmed to be the case. The problem with people saying that just suck it up, your insurance may increase slightly continue to enjoy your motorhome. The impact of the increase in insurance becomes relevant to any other vehicles. i have my car which is an extravagance. I agree will cost considerably more to insure being the type of car that is due to this. The motorhome insurance has already gone up. The van insurance has gone up and as a name driver on my wife’s car, her insurance has gone up.
Like I said at the start we pay for insurance and expect to be covered and compensated. Think again. Insurance is no longer fit for purpose.
I’m firmly of the opinion that if your vehicle is damaged and it is less than £2500 to get it fixed it’s not worth claiming and it’s beginning to seem like even claiming for your windscreen will be recorded as a claim and affect your cost, but apparently not your no claims bonus

 

[Clive Beeza]

OK update

Have received report from Independent legal advisor and its not looking good ,,
He has reviewed the Video evidence ,, been in contact with all witnesses and spoken with police and National Highways .

Basicly the video dash cam is very poor due to sunlight as all vehicles involved were traveling east in early morning . Its very difficult to see which lane anyone is in we were all traveling at 50 mph in the roadworks area
The audio tells of the initial hit by Renault on my van , but cant tell where it happened in which lane , my losing control is not clear after the hit but just as we come to an incline , there is shadow from sun and my vehicle is now wobbling and drifting into his lane....
National highways video does show other vehicle hitting me first but again not clear what the lanes situation is ,but it does show my vehicle being bumped violently left and then swerving back to right to avoid hitting vehicle in my inside as im in middle lane, and then going a bit wobbly as \i fight for control and thats when we hit each other again but now in his lane , Police will not be prosecuting anyone , they confirm that other driver admitted being out of his lane, and causing the accident and thats their statement of their investigation after reveiwing all evidence that I am not at fault ,also another driver has come forward who saw the Renault out of his lane when he hit me ,but thats just verbal statement but that seems not to count according to insurance companies .

Adviser says its at worst a 50-50 by the evidence as its is and knows the insurance companies will take the path of easy resolution even though its clear to him, the police and ALL witnesses that I did not cause the accident. However what the insurers do is not always in the victims interest they are putting it 100% on me saying that I deliberately rammed the Renault.

I have pointed out that If I had been deemed to have deliberately rammed another vehicle the Police would be prosecuting me !!!!!!!

Me going to hospital for shock and my van being towed is irrelevant apparently
.

I could fight this in court , to ensure 50-50 but again its a gamble and in my current health and state of mind not a good idea ?

My van will be repaired sometime in New year ??? and it looks like I lose my unblemished Accident record as i will be deemed at fault and lose NCD and will get a big premium rise in August and a rise in my minimal insurance for my motorcycles ..

i have lost all confidence in the insurers ,and the way my cae has been handled , and as i mentioned before my personal confidence when driving 4 wheeled vehicles is now nil I cant get behind the wheel so am totally reliant on my motorcycles .. thats weird as I should feel safer in a car but Im getting freaked by passing vehicle s even as a passenger .

My mental health has nosedived , and is now affecting my other health issues .and im not nice to hang out with ..

involve the ombudsman,
or grit your teeth and go to court to tell your tale
and as previous posts have said,
you will be listened to, and be dispensed the justice you deserve
it is a blight on insurance companies morals that these situations
are allowed to evolve, but their priority is achieving a least cost solution
for themselves, again as has been said in other posts on this thread
the court will have no bias to limit expense for the insurance companies
simply make a decision on the facts.

 

[amarch]

Although my case wasn't with a motorhome, I reversed my car out of a parking bay into an Uber driver dropping off a customer. It was just a tiny bump with no damage to my rear bumper but a tiny 2" crease on his front bumper. Initially we agreed to just get it done by a mobile repairman I had used before and he quoted £180 and a couple of hours work to fix it. Unfortunately before the repair could be done the Uber driver lost his nerve because he was told that Uber insist that any minor bumps or scrapes must be reported to their insurance company, no matter how minor, under penalty of death - well not exactly death but he would lose his car and taxi license. So it had to be reported to my insurers as well and I waited a few weeks to finally hear the outcome. Hold onto your seats funsters - £7000 to fix what should have been a £180 repair. No wonder we pay such high premiums for our car insurance. Plus I have to live with the claim to report on insurance renewal forms for the next 5 years! I was appalled by this flagrant exaggeration of costs and have written to the Financial Ombudsman Services and Rip Off Britain to investigate this. So far no response from either. My insurance company said that the assessor was a trusted professional but I just can't help thinking there is a whiff of fraud here!! They also said I shouldn't complain as I only have to pay my excess, but that is hardly the point!!!!! Can you see the mark above his side light - £7000 to fix that - absolutely outrageous!!!!

 

[Pausim]

involve the ombudsman,
or grit your teeth and go to court to tell your tale
and as previous posts have said,
you will be listened to, and be dispensed the justice you deserve
it is a blight on insurance companies morals that these situations
are allowed to evolve, but their priority is achieving a least cost solution
for themselves, again as has been said in other posts on this thread
the court will have no bias to limit expense for the insurance companies
simply make a decision on the facts.

I think that might be a rose tinted view of our legal system. Our system is adversarial rather than investigative which means it sometimes boils down to a battle of the barristers. The best barrister might win even with the weaker case. Are you confident that you can afford a better barrister than the insurance company? I would think long and hard before venturing down the Court route, especially if the best you are hoping for is 50:50. You will end up with black marks on your insurance record whatever the outcome. It may not be fair but life isn’t always fair and insurance records are based on claims and costs not who is to blame.

 

[FrankNicklin]

Although my case wasn't with a motorhome, I reversed my car out of a parking bay into an Uber driver dropping off a customer. It was just a tiny bump with no damage to my rear bumper but a tiny 2" crease on his front bumper. Initially we agreed to just get it done by a mobile repairman I had used before and he quoted £180 and a couple of hours work to fix it. Unfortunately before the repair could be done the Uber driver lost his nerve because he was told that Uber insist that any minor bumps or scrapes must be reported to their insurance company, no matter how minor, under penalty of death - well not exactly death but he would lose his car and taxi license. So it had to be reported to my insurers as well and I waited a few weeks to finally hear the outcome. Hold onto your seats funsters - £7000 to fix what should have been a £180 repair. No wonder we pay such high premiums for our car insurance. Plus I have to live with the claim to report on insurance renewal forms for the next 5 years! I was appalled by this flagrant exaggeration of costs and have written to the Financial Ombudsman Services and Rip Off Britain to investigate this. So far no response from either. My insurance company said that the assessor was a trusted professional but I just can't help thinking there is a whiff of fraud here!! They also said I shouldn't complain as I only have to pay my excess, but that is hardly the point!!!!! Can you see the mark above his side light - £7000 to fix that - absolutely outrageous!!!!

View attachment 839169

Uber drivers are not insured by Uber, they are technically owner drivers who have to have commercial private hire insurance and public liability. I'm pretty sure you were spun one regarding Uber insurance. The only reason to contact them would be to inform them the car might not be available for a few hours, same as if the driver was on holiday. Probably claimed for a replacement bumper plus painting, but got it fixed at a local bump shop for a few quid and pocketed the rest.

We all know the UK insurance industry is a rip off and something needs to be done. Insurance is a shared liability as lots of other premiums pay for your repairs, but blatant rip off charges need to be investigated as that does affect us all.

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[gus-lopez]

It is not as cut and dried as you make out.

It is .I'd still be beating him/her now.& If it went against me incorrectly I'd be back battering them again & they would have to top themselves before I did it for them.

This isn't unusual,.most insurance claims are settled 50/50, it's just easier for the insurance companies to operate this way.

& that is a "cartel" or "monopoly" & illegal.They are not there to make it easier for themselves ,they are there to insure that their client gets the correct outcome. This is why I prefer insurance here as it is what it used to be in the UK.Someone is to blame. No ?knock for knock here. Don't fill in your accident form you are already on a sticky wicket.

 

[Spriddler]

40 years ago I used to spend time at a relative's large body repair business and even then the first question his estimator asked new customers was whether he would be paying or whether it was an insurance repair.

 

[Clive Beeza]

40 years ago I used to spend time at a relative's large body repair business and even then the first question his estimator asked new customers was whether he would be paying or whether it was an insurance repair.

And this has not changed in 2023/4.
BUT we are ALL paying for this "rip off Britain"
attitude, to the money pit called the
"British Motoring Public"

 

[stuartholmes]

When my MH was hit by a Renault van on M27 a few weeks ago all seemed clear

The driver of Renault admitted to me and Police that he caused the incident when he drifted into my lane and his wing mirror and then bumper made my van unstable and then go into his lane . This is in Police report ,

However a third party dash cam only shows the last part of the incident and not his intial drift into my lane or impact so his insurers are now claiming against me and LV have caved in?????

The police also saw the dash cam evidence from 3rd party and they say it does not show the start of the incident but that the Renault driver clearly admitted to drifting into my lane and causing the whole accident..

LV are obviously being lazy and say they will dump the whole thing on me and my unblemished 33 years NCD record when I am the abused party ,,m I need to fight this and will need advice on what to do now , I am very upset as it is after the accident and now to be blamed for it as well when I was not at fault is aweful.

I am now serously thinking about giving up on MH as I have not had any problems in 30 years with cars or motorcycles

How can I get LV to put this right?????

Assemble your evidence and back it up to the cloud or your gmail or somewhere.

Then TELL your insurance company COMPLAINTS TEAM that you are going to take the issue to The Ombudsman (google ''insurance ombudsman UK') if they don't 'un-cave'.

Then raise a complaint with the Ombudsman.

The Ombudsman almost always sides with the customer and the insurance company almost never argues back.

If this doesn't work, send me a PM (never done them on this site but there must be a way) and I'll ask my son for advice, he used to work in motor insurance and had many productive discussions with the ombudsman.

ALSO, everybody: GET YOUR OWN DASHCAM!! Preferrably one on the back too!

 

[Pausim]

Make sure you read your insurance policy carefully before kicking off with legal action and incurring expenses. My policy contains an arbitration clause that states “ This will not stop you being able to take legal proceedings against US, but YOU cannot start these until the arbitrator has made his award.”

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[bryanuk]

I had a similar situation with a car few years ago. To cut a long story short, the key is to write to the other persons insurance company demanding they pay you policy excess amount. Threaten them with court action if they refuse (and go to the small claims court if necessary). Once you have won that battle, LV will probably resurrect your no claims bonus position and note on your record that it was a 'no blame' claim.

Worked for me.

 

[tinkertaylor]

Problem is the only evidence he has is a dash cam from a 3rd party that shows him in the wrong lane, the part showing the initial collision is missing.......this stinks of a crash for cash.

He then has his own evidence and maybe the statement off a police officer, if he can find him or her and get them to write a witness statement on the confession the other driver made.

 

[Captain Yoghurtpot]

I think you are reminiscing of a different times no one gives a damn anymore about the people they are working for particularly insurance companies. They will just look for the simplist, easiest way to resolve this. The police won't be bothered either - it's not a criminal case.

All the OP could do is fight it with the insurance company (which I would do also to a certain extent but perpare to be disappointed) take legal action or just accept it as a small annoyance of life. (Which is probably the most sensible route if you don't want a lot of stress and pain)

In that case, perhaps its why some people don't bother with insurance!
Bloody terrible attitude from insurers.

 

[starquake]

I've had 2 claims in my life, both settled 100% in direction of person's that hit me.

First one was a bit like jerryz where Police attended took statements and despite the woman that hit me refusing to speak to the other driver (me) and going to hospital for her injuries, she not me was procecuted for dangerous driving as she turned into a junction direction in front of me and my old car was a build like a tank V6 Merc, so had almost 0 damage where she was effectively pancaked as my car was going 30mph when she turned in front of me from a standstill. She was claiming it was 100% me to blame as I was accellerating ... however witness (driver behind her) said she had no space and clearly hadn't clocked my car approaching. luckily the vet had a camera covering the junction and Policy took one look at the footage to look to prosecute her. Also it was a busy junction covering the doctors, vets and a school (as well as the police station ) so they had to attend to clear the route.

I knwo without the footage likely above would have gone 50/50, so purchased a camera after this as I didn't have one before.

Second one 2020, I had the camera front and rear in car. Amazon driver who I'd been following 5 miles along country roads stops middle of road, puts in reverse drives into me. I have cars behind me so can't reverse to get out his way. He claims my fault, police don't attend. Send footage to insurance (and police via their report an accident service) took 5 months, my insurance fixes my car, the other driver finally take the 100% fault when police procescute Amazon driver for driving without due care given myself and a line of traffic behind him for over 5 miles seen from my footage. Driver in question in this case also did not have a UK license, and the insurance was "via amazon"

Again in this case as a front bumper damage on mine the insurance were initially looking to settle 100% my fault as usually a bumper crash is the drivers fault for driving into back of car in front. Without my own dash cam this would have lost my NCD.

NCD saved in that case ever since we've had a camera, the £100 cost saved likely thousands in additional insurance costs over last 4 years. Doesn't help your case jerry, but not having your own (good) camera really counts against you these days in insurance claims handling. Don't save money with a cheap one as low light/bad light coverage essential. Blackvue and Nexbase are what I've had since. Should add getting one where you can get the footage off at side of road via wifi are usually best these days as you can send a Nexbase link to police from roadside too.

 

[IRHP]

OK update

Have received report from Independent legal advisor and its not looking good ,,
He has reviewed the Video evidence ,, been in contact with all witnesses and spoken with police and National Highways .

Basicly the video dash cam is very poor due to sunlight as all vehicles involved were traveling east in early morning . Its very difficult to see which lane anyone is in we were all traveling at 50 mph in the roadworks area
The audio tells of the initial hit by Renault on my van , but cant tell where it happened in which lane , my losing control is not clear after the hit but just as we come to an incline , there is shadow from sun and my vehicle is now wobbling and drifting into his lane....
National highways video does show other vehicle hitting me first but again not clear what the lanes situation is ,but it does show my vehicle being bumped violently left and then swerving back to right to avoid hitting vehicle in my inside as im in middle lane, and then going a bit wobbly as \i fight for control and thats when we hit each other again but now in his lane , Police will not be prosecuting anyone , they confirm that other driver admitted being out of his lane, and causing the accident and thats their statement of their investigation after reveiwing all evidence that I am not at fault ,also another driver has come forward who saw the Renault out of his lane when he hit me ,but thats just verbal statement but that seems not to count according to insurance companies .

Adviser says its at worst a 50-50 by the evidence as its is and knows the insurance companies will take the path of easy resolution even though its clear to him, the police and ALL witnesses that I did not cause the accident. However what the insurers do is not always in the victims interest they are putting it 100% on me saying that I deliberately rammed the Renault.

I have pointed out that If I had been deemed to have deliberately rammed another vehicle the Police would be prosecuting me !!!!!!!

Me going to hospital for shock and my van being towed is irrelevant apparently
.

I could fight this in court , to ensure 50-50 but again its a gamble and in my current health and state of mind not a good idea ?

My van will be repaired sometime in New year ??? and it looks like I lose my unblemished Accident record as i will be deemed at fault and lose NCD and will get a big premium rise in August and a rise in my minimal insurance for my motorcycles ..

i have lost all confidence in the insurers ,and the way my cae has been handled , and as i mentioned before my personal confidence when driving 4 wheeled vehicles is now nil I cant get behind the wheel so am totally reliant on my motorcycles .. thats weird as I should feel safer in a car but Im getting freaked by passing vehicle s even as a passenger .

My mental health has nosedived , and is now affecting my other health issues .and im not nice to hang out with ..

Thanks for the update. A couple of things not that clear. You said the dashcam captured the audio, was it your dashcam?
You said you were in the middle lane, which lane was the vehicle that hit you? You said earlier your nose was in front of there's as you were passing them but then said you were wobbling and trying to avoid the car in the inside lane. Had you undertook the Renault, was it in the outside lane?
Was this at roadworks with narrow lanes?

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[plumbob]

When I was a lad of 17 had an accident my fault. Car was written off. Long story I was driving a mini (when minis were minis) and hit a rover 90 (tank) I lost control spinning down main road on ice.
Back of mini hit front of rover, back seat of mini crushed up against front seats. Rover slight dent offside wing
Insurance company went bust (Craven insurance 1966) I ended up paying for damage for the next 5 years to finance co.
Not their fault insurance went bust.
Must have been mine
I’ve always thought insurance companies are a bunch of sh’t and over the last 60 years nothing has made me change my mind.
But the thing to remember I walked away from that crash without a scratch .
Also had a road rage incident idiot got out of a bus carrying handicapped kids and smashed a pole over the bonnet of my first and only new car and drove off. I chased him into an estate and blocked the road . He went up the pavement and hit my car again. Police turned up almost immediate people on main road had phoned. Police . Sergeant stepped into road and tried hands up to stop the driver he just drove past. All I heard was I’ll have him he said to the other officer and jumped into his car.
Outcome I lost my ncd because I’d had 2 accidents and pay 2 excesses.
As I said long story and that was only half of the details.
SH’T HAPPENS
VERY VERY LUCKY
NO INJURIES EITHER TIME

As wife said could have hit you not the car