I'm seeking the opinions of other fellow motorists here please
In June, I had a minor car accident in the Range Rover. In short, 10am on a Sunday - roads were quiet. I was travelling in a National Speed Limit (60) on an A road - doing 60. A Blue Nissan 4x4 was coming the other way, also doing around 60. As we drew very close, without any warning, the Nissan swerved onto my side of the road. I had two choices - a head on crash, or, dump my old truck up the verge and avoid it. There were no other options or time to do anything else, and I didn't want to die, so I chose option 2.
I came off very well. The extent of the damage is a trashed Alloy wheel and tyre, plus minor cosmetics. The other driver made a hasty exit, and did not stop / exchange details. It scared the life out of me, given my previous head-on in 2016, and the damage another could do to me with my existing injuries.
I got home, and reviewed my front facing Dash-cam. It showed the incident with the other driver, a blonde female, very clearly at fault for it. I looked, and saw it had captured her index plate. So I decided to call my insurance company, because A) I am obliged to tell them in any case, and B) I thought it's so clearly not my fault, and with the footage, we will clearly get an admission of liability, and not affect my no-claims.
So I call my insurer, and tell them exactly what happened.
"Sorry, sir, because your vehicles didn't make contact, and YOU have hit roadside furniture, this will be a fault claim against YOUR policy, if you want your car fixed". I tried to explain that she caused it, until I was blue in the face, and offered to send in the footage, but they would not have it, or deal with the insurers for the woman. They said whatever happened, I now had a "strike" against me, because "I left the road and she didn't" - even though I was not wanting to claim against my own policy.
So I wondered what to do next. I used the MIB and DVLA website, and got details of the woman's identity and who her insurers were and her policy details. I contacted her insurers directly, explained what happened, and said I had footage. They said exactly the same as my insurer - *I* hit something, and their client didn't - so I was at fault, and should "claim off my own policy".
Still thinking this was complete injustice, I then did what I didn't really want to, and contacted the police. I reported the incident via their report form online, and sent them the footage.
They took an account from me, and interviewed the woman. A few days later the investigating officer contaced me, and said the other driver made full admissions to driiving without due care, not stopping, and was very sorry. She said she "lost control of her car" because "her son was kicking off". She was dealt with by the police (at a low level - education) for the offence of careless driving, as a result of the incident.
Based on this outcome, I remained adamant I was not at fault. So I started the small claims court process, against the woman directly. I spent hours writing a lengthy witness statement, providing evidence of the damage, estimates for repair, etc (Cost of wheel and tyre). I filed my case. Within days, her insurers were repeatedly trying to contact me, and could not offer payment for my damages quickly enough. They wanted bank details, and paid me within days.
I have tried to again speak to my insurers, and they literally don't want to know. Despite the woman being done for careless driving, and me making a full recovery from the other insurers (who in a letter, say, "we accept full negligence for the incident") - they remain adamant I must have a "strike" against me, which will affect my premiums.
In my position, if you were me, how would you deal with my insurers? Yes I could just write it off, as it won't affect my premiums that much, but it's a total injustice!
I am thinking, either, Financial Ombudsman, or even small claims court against them too, for the time I had to spend doing their job, fighting my own case, when they refused to even watch the footage or consider the facts / approach the other side for their account - and of course the damage to my insurance reputation, caused by the unjust "strike". I had to spend hours clearing my name over this, and I am properly pissed off with my insurers!