# Claim dispute advise



## RedUntilDead (Feb 10, 2009)

Bit of opinion on what to do please for a friend of the missus please.

Both parties are insured fully comp wit aviva and they have said the claim is 50/50.

Basically our driver lets call her driver A was crawling in the middle lane of a three carriage way. It's light outside, the road is dry but traffic is slow and busy which is starting to back up as driver pulls past a t junction. Driver A is moving as the lights on the junction have let traffic go from her right. Driver B has pulled out of the junction and instead of completing his manoeuvre and merging into lane three, he has clipped the middle of the offside front door of car A.
Driver B is male with female passenger and told lady driver A to pull over at the bus stop to prevent holding the traffic up. Driver B and passenger B were threatening and abusive but the police refused to aid when driver A called.
Driver A has pictures of the damage to both cars which shows damage to carA front offside door and car B has scuffs to the front bumper near side corner.
Driver B has said car A hit him and has claimed for his drivers door?
Car A has no damage or paint scuffs apart from its drivers door so how could that possibly happen?
Insurance won't listen or cross reference any of the information and want driver A to agree to 50/50 within the next 7 days.
What should driver A do as she is out of pocket for policy excess and stuff and is clearly not at fault?
Any ideas guys?


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## Simo87 (Oct 5, 2016)

If you have the proof. Then driver A's insurance should be begging for it.. they won't be paying out if it's clear the other driver was at fault.. the only reason I can see them not wanting it... investigation costs money probably more money than what's paying out if it's a minor scuff.. maybe speak to the insurance again and find out why they don't want the evidence?

Simmo.


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## willywonker (Oct 27, 2016)

Your friend should reply to Aviva with the photos she has, state clearly what happened, state she believes the other driver is making a fraudulent claim and that she feels they are failing to properly investigate because he is also insured with Aviva, tell them she categorically won't accept 50/50.

I suspect however his claim for the door is confusion, likely he's simply suggesting she drove into his bumper, which will be difficult to disprove, and without independent witnesses or cctv is one word against another and therefore 50/50.


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## Shiny (Apr 23, 2007)

It won't matter that both drivers are insured with Aviva, they will treat each claim as if they were claiming off another insurer for the purpose of determining fault.

It appears this is a case of conflicting stories from each party and, with a lack of independent witnesses, 50/50 may be the best settlement basis for the Insurers.

Your friend doesn't have to accept the 50/50, but they will need to provide a case as to why they feel they are not at fault. Do they have an uninsured loss recovery (legal expenses) company acting in their behalf? If so, it may also be worthwhile explaining to Aviva there is a ULR firm pursuing a 100% recovery.

Ultimately Aviva may still settle 50/50 if they feel there is a lack of evidence and it will be the most cost effective option, they will do this under their subrogation rights.

If you are with a Broker, talk to them and ask them to make representations to Aviva on your behalf.


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## armufti (Oct 11, 2016)

Sadly, without video footage they'll treat this as a 50/50 lane change, as they almost did with me. Thankfully the video I had and the persons admission of fault helped massively.
It might be worthwhile seeing if local area has cctv?


Sent from my iPad using Tapatalk


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## RedUntilDead (Feb 10, 2009)

great info, thanks lads:thumb:


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