insurance company aggro depsire helmet cam evidence .. next steps

Back in august I was on the way to work and had an incident here->

https://maps.google.co.uk/maps?q=rose+hill+roundabout+sutton&hl=en&sll=51.3844,-0.190318&sspn=0.013954,0.013797&t=h&hnear=Rose+Hill+Roundabout,+Sutton,+Greater+London,+United+Kingdom&z=17

An older lady in a new car was on the inside lane and indicating left as if she wished to go to bishopsford road heading for mitcham …

I was moving as I came to the lights (which JUST turned green) …she had only just pulled away … so had the momentum to filter past her and head north to work.

However she was indicating left but she ACTUALLY wanted to go all the way round the roundabout and head for St Helier hospital

Her bumper/car hit my tyre and I tried to keep upright but hit the deck … bit bruised and grazed elbow so my textile kit took some damage …the top box and hand gaurds protected some of the but was still a fair bit of damage.

Her car was stuck with a dodgy bumper …a mate from the TRF came by and helped me … bike was rideable (small oil leak).

Luckily I had the footage on my helmet camera (contour HD)

In the aftermath I pointed at her still blinking left indicator and asking why she was indicating…(especially to the white van man witness who thought it was my fault) !

Using the helmet cam evidence I later went through it with a police mate and the highway code and we did a detailed document showing where (based on the helmet cam and the road layout) … where the fault lay.

Even with all this it looks like my insurance co want the easy way out and dont want to go to court !

The vehicles have been repaired … there were no injuries.

I have written back to say that I totally refute any fault on my part and tho my bike was repaired my kit was damaged and remains unsettled and I have paid our my excess that I need back from her insurance to clear my name.

Any advice …on how to defend yourself from your own insurance company and sensible next steps ?

Classic case for no-win-no-fee companies isn’t it?

If the evidence is that strong they will lap it up…

They may not get 100% liability so they don’t care. Ask your partner or someone (if you are bounded by contract with some solicitors of your insurance) to give a call White Dalton. And start from there, they will tell you straight away what chances you have if any.
I’m in the middle of exactly the same process as insurance company and appointed solicitors are not interested when the case is not clear (apology for generalization).

On the other hand I think I know what was their judgement and I guess that where you are at the moment:

…It gives examples of not overtaking when approaching or at a junction on either side of the road, where traffic is queuing at junctions, or when a road user is indicating right – even if you believe the signal should have been cancelled.

Read more: http://www.access-legal.co.uk/legal-news/accidents-involving-filtering-what-the-law-says-lu-2811.htm#ixzz2UgUZe6LH

I may misunderstood your description but in your case is very easy to appointed you as a party who cause the accident and unfortunately Highway Code is against you in that case.

R

I have a similar problem at the moment in that the woman that rear ended my bike and ran over my ankle is maintaining that I scraped into her car as I filtered… quite how I got my foot wedged under her front wheel I do not know… Fecking idiot.

Contact White Dalton, they’ve been helpful for a few folks here and will advise you where you stand legally :slight_smile:

Could be your both underwritten by the same person that happens more and more these days. Go to an independant firm like White Dalton