Company paid insurance claim when it wasn't my fault = increased private insurance!

Re: Company paid insurance claim when it wasn't my fault = increased private insuranc

This is so frustrating, I assume from your post that the company have paid the third party claim themselves rather than through the insurance, I know many of them do this because it is the most cost effective method. Not much you can do against your company but if you feel your insurance company have incorrect information recorded, you can have it corrected either through the financial ombudsman or the information commissioner.

I doubt either will reverse the position of the company paying out but if you can get the details of the costs from your company, you can have the records corrected.

What happened about the damage to your car?

Re: Company paid insurance claim when it wasn't my fault = increased private insuranc

Firstly, I am sorry to hear about your crash.

Without knowing the full facts of the case, but in my capacity as a crash investigator, there are a number of issues that have to be considered when deciding liability.

Firstly, any driver who pulls out into the path of another vehicle on the major carriageway is usually deemed to be liable on the basis that they have usually failed to conform to a Give way sign or line or a Stop line or sign.

Secondly, the emerging driver has a statutory duty of care to ensure that they afford priority to traffic on the major carriageway.

As far as the speed of the motorcycle is concerned, it is not for the rider to prove that he/she was under the speed limit but for you to prove that the speed limit was being exceeded, and to be fair unless a full crash investigation has been carried out this is unlikely, although some modern bikes do have a similar thing to a black box fitted to the electrics, but they are the exception rather than the rule.

So, it is probably on these 3 facts why liability has been found against you, and whilst the Police may have advised you that it is a knock for knock or split liability, bear in mind that their mindset works on the balance of beyond all reasonable doubt whereas in civil law (which applies to the aftermath of a crash) works on the balance of probability of 51% or more.

Whilst it may not seem fair to you, that is how the system works, and unless you can establish a degree of contributory negligence against the rider, then I regret that your experience is par for the course and not unusual.