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[PhilRich]

Can anyone tell me if your Car Insurer and/or Underwriter owes you as the policy holder, a Duty of Care to safeguard any evidence presented to them during a claim?
After a female numbty pulled out of her Supermarket space behind me as I was reversing, I sent my Insurer the media card containing the video of both front & rear camera images. My Insurer decided it was 50/50 to my utter disgust and returned the video card back to me some time later. The Incident was back in July 2014, and this morning I got a call from the Underwriter to ask me to resend the video as the Third Party is now saying she was stationery!!! 
To say I am livid is a bloody understatement as since my old Policy expired on 30th December and I have now changed Companies, the video card has been Formatted and overwritten with new data! I have tried to recover the video files but it is a no-go i'm afraid and the lady I spoke to told me that no-one at their end had made a copy of the evidence before returning the card
I have fired off a letter telling them of my displeasure and stating I hold them responsible legally if this impacts on myself or my driving record re future insurance premiums, but really i'm only blowing hot air as I don't have a clue if they are culpable or not. Anyone have any idea? All constructive replies are as usual very much appreciated

[The Sheriff]

If it was 50/50 then, I don't see how anyone could prove different now?

[PhilRich]

If it was 50/50 then, I don't see how anyone could prove different now?

My insurer said they were treating it as 50/50 back in July last year steve but my Renewal from them in December stated 'TBC' (to be concluded??). I didn't actually instigate a claim as there was no damage to my car, I merely informed the Insurer of the 'Incident'.

[The Sheriff]

Well......i guess you need proper advice from someone who knows, Phil, because I'm guessing no one on here will have a definitive answer.
You could wait until Mike has had a few whiskies and comes along with a few other bored, drunken bastards and Im sure you get plenty of advice
Good luck mate.

[PhilRich]

I knew you'd be the one I would get most sense out of mate 

[Sir Tigger KC]

Well......i guess you need proper advice from someone who knows, Phil, because I'm guessing no one on here will have a definitive answer.
You could wait until Mike has had a few whiskies and comes along with a few other bored, drunken bastards and Im sure you get plenty of advice
Good luck mate.

I'm shaying nuffink hic!     

[78bex]

got into a pm coversation with one of my youtube subscribers over this very issue. Apparently it goes something like this. Submit your claim stating who clobbered who & yes video evidence exists of the incident & it`s my copyright. The claim procedes & only at a cetain point if required, are you then asked permission by the insurance company to use it. Whether that permission goes as far as copying & distributing it is another point I presume.
Now wherher this bloke was talkin horlicks I dunno . Makes some sense, I suppose if it reaches court someone will ask who owns the video & where`s the copyright owners permision to use it.


 

[SMD]

What evidence does she have to back up her claim that she was stationary? If she doesn't then isn't it your word against hers? If changing story without proof is acceptable then why don't you change yours? Say you argued with her over the last tampon in the supermarket and she vowed revenge and deliberately rammed into you 

[Kevin Wood]

What evidence does she have to back up her claim that she was stationary? If she doesn't then isn't it your word against hers? If changing story without proof is acceptable then why don't you change yours? Say you argued with her over the last tampon in the supermarket and she vowed revenge and deliberately rammed into you 

 

[moggy]

What evidence does she have to back up her claim that she was stationary? If she doesn't then isn't it your word against hers? If changing story without proof is acceptable then why don't you change yours? Say you argued with her over the last tampon in the supermarket and she vowed revenge and deliberately rammed into you 

Bit sexist Smd,but plausible.Why would he be buying tampons,men don't buy tampons surely.

[SMD]

I buy them. It's perfectly normal 

[The Sheriff]

I buy them. It's perfectly normal 

Buying them is fine. It's what you use them for that can sometimes be a little bit weird.

[SMD]

Well I buy them for the wife who has been chained to the kitchen since the 70's.    Best place for them as clearly demonstrated by the woman in question.

I should stop talking now 

[moggy]

I buy them. It's perfectly normal 

Buying them is fine. It's what you use them for that can sometimes be a little bit weird.

Only in you mind STE.

[Vamps]

Well......i guess you need proper advice from someone who knows, Phil, because I'm guessing no one on here will have a definitive answer.
You could wait until Mike has had a few whiskies and comes along with a few other bored, drunken bastards and Im sure you get plenty of advice
Good luck mate.

My kids do that, when they want something....................

Insurance claims are not something I could comment on with any knowledge, however 2 reversing cars hit each other, must have been low speed if no damage to Phil's car, surely that can only ever be knock for knock..................