Insurer trying to recover costs after drink-drive collision
- Thread starter Joey2021
- Start date
jamesbrown1
Established Member
for advice and support, this place is hard to beat
Luna2000
Established Member
Again reading between the lines, it seems as if the insurance company has paid out some of these costs, including PI. That's not to say you cannot still challenge what they are asking you to pay to them, but £43k for a 'bump,' does smack of a rip off.
TCB1989
Established Member
Totally agree, I personally think the PI has been submitted and the insurance have paid out, how else do you get to over £50k from two cars written off to the value of £1600?
Sundog
Established Member
No worries at all.
The trick is to keep the dialogue going, questioning EVERYTHING. Keep asking tough-to-answer questions, but as said before try and limit it so as to stretch out your argument. Have your next letter ready, and your next one after that; it helps with the peace-of-mind.
Oh, and sounds obvious, but always reply only a day or two before the deadline (by email and post, send recorded if possible so you can prove it arrived before their deadline).
You didn’t hear this from me but you’re also entitled to ‘work away’ or be overseas on holiday for a little while so may need some time to consider their points and reply astutely. One can’t address these topics while away from home of course…
Keep fighting Joey. You haven’t got that long left to run.
Joey2021
Member
Cheers Sundog. Much appreciated mate. Honestly the stigma of this is so far-reaching.
Tryingtofixthings
New Member
I’m sorry you have had to go through this, my son just got his licence back after 9 month ban. I fully expect admiral to make up some ridiculous amount that is owed at some point in the future so thank you for sharing your experience.
Let’s hope now they 6 years is up that will be the end of it.
Good luck
Let’s hope now they 6 years is up that will be the end of it.
Good luck
Joey2021
Member
Thank you everyone. It is now more than 6 years since my accident. RSA have still directed a paralegal to recoup costs they paid. I still haven’t been served papers. Did they raise a claim at the 11th hour? This would give them a further 4 months to serve particulars of claim. I still feel uninformed
slc93x
Member
Hi I’ve just been reading this post. I am also insured through RSA and was wondering if you could offer advice. I understand you was convicted of drink driving, my situation is different. I was in a car crash with another vehicle, my car is a write off and his has a few marks. I blew over at the roadside and was taken to the station where I blew 38. I have reported the crash to RSA and have been given a hire car. I have been informed today the other driver is making a claim against me claiming I am liable.
What I would like to know or even just have some advice on is -
Will RSA hold me liable even though I wasn’t convicted ?
Will they ask me to pay for my hire car and all my car costs they have payed and also the other party’s like they have done with your self?
Joey2021
Member
Nothing would surprise me. The fact is, despite you being released after the Camic intoximeter test at the station, you were still over the limit. The legal limit is 35 micrograms of alcohol per 100 ml of breath. You will only be charged if the result is 40+. RSA will become aware of this fact, and I believe will try to recoup costs they have paid (without your consent). Just because you weren’t convicted doesn’t nullify the fact you were over the drink drive limit.
slc93x
Member
My contract is with rsa Motability and It does say on there terms and conditions that they will not be liable to pay for costs if the driver is convicted. This is why I have been in two minds as to what is going to happen.
I’m worrying they will terminate my contract
Joey2021
Member
I would cling on to the fact you weren’t convicted. Lots of reasons your alcohol levels are raised. Do you have hay fever for example? Maybe you’d had Benadryl? That would increase your reading. Find out what other injuries are being claimed for and dispute them…
BigTom
Established Member
Benadryl would not increase your alcohol level (unless you drank a pallet full of the stuff!!!)
Joey2021
Member
I’m not getting into any argument. Just read about the effects that diphenhydramine can have when mixed with alcohol. It isn’t the level of alcohol in the product. It’s about the effect when the 2 combine. Just trying to be helpful.
Sundog
Established Member
Just to set your mind at ease, and to repeat what others have said. There is a clear distinction in the wording between your contract (which specifically stipulates ‘conviction’) and the terminology in shall we say the usual suspects’ policy wording; which more commonly use the term ‘over the prescribed limit’.
You won’t be convicted therefore you are covered and the insurance company are obliged to indemnify you.
Forget about what the third party is saying or doing for a minute and focus on the above. People are often wankers in this situation and it seems that the alleged victim in this incident is trying it on, as people do. Without going into specifics, people lie. In my case a third passenger was magically invented (I know there were only two people in that car, when their claim was brought low and behold there must have been a dwarf kidnapping or something going on, because I know the police only referred to two people).
So I think you need a change of mindset on this. There is no need to grovel to RSC or explain, or try to mitigate. Facts are facts and the key one here is no conviction will be brought. The other key fact here is you were not at fault and have suffered a loss. You need to play hardball with your insurer and tell them to do their job and act for you. I wouldn’t even mention the police involvement nor the alcohol. If they do, say it’s irrelevant. Say yes I’d had a drink, I’m allowed to, it was initially suspected I was over the prescribed limit but it was determined that I was not. Therefore, and again as said above, it’s irrelevant.
There is another card to play here if that doesn’t get you the results you want but there is no need to become incendiary with your insurer just yet.
As for split of liability, then without the witness I wholeheartedly concur that photos is the next best way to prove they were at fault. You can ask your insurers to obtain a damage report from theirs (they may have this already) which will more or less prove what happened hopefully, were you unable to photograph the damage yourself on the day.
Good luck.
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slc93x
Member
Thankyou, I am being sent an incident report form to fill out by my insurance now. In this do I disclose the arrest?
Sundog
Established Member
No worries. Does it specifically ask if the police attended?
slc93x
Member
Yes
Sundog
Established Member
In that case best not to lie to your insurer, that can invalidate the policy, or worse. My advice is just be as ‘need to know’ as possible.
People are arrested and then released without charge every day. It does not imply a crime has been committed. If anything it implies you were cooperative. They inquired, you cooperated, you were found to be in good standing. Those are the facts. I would even go as far as to use the word ‘cooperated’ in your account, and definitely emphasise that they found you had no case to answer.
We all have a tendency to ‘blurt out’ every detail in times of stress, which is most often counterproductive. There is nothing wrong with keeping your cards close as long as you are honest about it.
Just a thought - if the police were in attendance they will most probably have details of the scene they attended. If that helps corroborate the positioning of the vehicles and/or the damage that proves you couldn’t have been at fault; well… now you know you won’t be charged and you’re off their radar then it’s a reasonable enough request. And their credibility as a witness (albeit after the event) in this regard is watertight.
But - like any witness testimony - I would only include this as an appendix to the completed form if it definitely supports you.
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