Hi all, just wanted to get peoples opinions on an incident my brother had, of which i witnessed, just to see if I am right in my thinking.
The incident/accident happened on a 2 lane elevated section of a motorway, speed limit 40. (its as its turning back into an A road)
Id dropped my brother off to pick up his car from garage, and we were both driving home, me infront.
Ive driven up the on-ramp/slip road, and joined the carageway, left hand lane. I've looked in my rear view to see where my brother is, where i've seen him and another veichle collide.
His story is that he approached the give way lines, indicated, looked over and a woman in a Yaris flashed her lights and indicated with her hand for him to go. As he merged out she sped up and struck his o/s.
Without going into a lonnnggg description, this would tie in with what I saw, Her car was actually in the middle of the two lanes - she infact kept this stance on the road the whole way down to a safe place after the incident. The slip road was one of the very exagerated ones that eventually merge into the lane.
So - i know theres lots of contradicting stuff with the highway code etc - technically even though she flashed and indicated it would of been up to my brother to decide if it was safe etc etc.
Anyway, details exchanged,passenger in her veichle, me as a witness for my brother - No independant witness', no cctv, nothing. No liability admitted at roadside, all partys went on their way.
Accident reported to my bro's insurance, was told a claims manager would be in contact, said man arrives un announced, asked for details, was provided with a cuppa whilst my brother walked him through the incident infront of myself, mum and dad. Brother stated that he was not admitting liability for accident. Claims manager said that ultimatly this would be settled knock for knock as no party was admitting fault. He accepted that if that had to be the case then so be it. Claims manager had breif look at his car before leaving. Saying he'd be in touch, but if we could get location photos, and send him pictures of her damage that i took, it would help.
Claim for arrives in post two days later,filled out, took a few days for him to get photos sorted etc around work and other family commitments.
Phoned yesterday to get a quote on a change of veichle, and they said that the accident had been settled, him at fault and monies payed out!!
Well, 7 hours later and lots of phone calls, His insurance said they settled based on the advice of their claims manager, who said he admitted fault to him!!!!! Insurance confirmed to him they dont have;
ANY pictures of ANY damage to either car,
No signed statement or anything from my brother (as it hadnt been sent back yet!)
No engineers report, no costs of the claim estimated.
They also confirmed that the TP wasnt in a hire car and wasnt claiming personal injury.
SO, they settled the claim based on one mans view, of wich was a lie anyway. They are currently looking into the claim as he's formally complained, they even asked him today if they could send an engineer to his car to "see if you were at fault or not"!!!! AFTER the claim has been settled!!!.
Leaves him at a big loss, his first years )and second probs) no claims down the pan, a damaged car he's still paying for, and a fault accident against him.
Sorry about the long post, was trying to get it in some sort of order. Worth going to a solicitor, insurance ombusman? Opinions please!!