If she was on the phone on a petrol forecourt she was breaking the law. It is illegal to use a mobile phone on a forecourt. Although the legislation that covers it may have changed since my time as a firefighter it did come under the Petroleum Sprits Act. If she was on her phone whilst driving or parking and within the forecourt limits then point that out to your insurance company.
i did tell insurance company that i suspected she was on the phone at the time of the incident. - She hopped out the car, already on the phone at the time of the bump. She was out the car within about 4-5 seconds. She was already talking on the phone. When I challenged her about the phone, she "claimed" she had just phoned her husband.
There is no way in the space of 4-5 seconds of the incident, that she has picked up her phone from somewhere in her van, made a call, and already speaking to the husband.
But as per previous - without the CCTV I can't prove it and so far, my insurance company, BP head office and police aren't interested as they would all need to come together to request the CCTV due to the fact there are other people in the footage, cars, registration plates etc. None of which have provided their consent for the footage to be released.
Ultimately I just get the feeling that Esure just want to payout whatever, and close the case. They are utterly disinterested.
"Dear Esure, If you pay out to the third party without due investigation, and without taking on board primary eyewitness testimony (my own), I shall never purchase any insurance from Esure in the future."
I doubt that they could care less about that. Insurance companies don't seem to care if you leave or stay. They know the fools that auto renew every year are keeping them well in the money anyway.
I should have added "..and spread my experience with you via reviews and social media..."
In your first post you said she was on the phone at the time of the accident, this would have compromised her insurance cover.
But then you change this to an assumption that she was on the phone - you didn't actually see her on the phone, behind the wheel, while the vehicle was in motion?
When dealing with these things you have to be very clear - contradictory statements such as this would have an impact on how believable your version of events were in a situation where there is a conflict.
From your description and the insurance outcome, it sounds like you pulled out of a filling area and struck a car that was already moving through the forecourt. I'm unclear what your argument is against this although those photo's look like something you hit, not vice versa?
You are correct - at the point of driving, I obviously didn't see her car, and I don't think she saw mine as I moved from the filling pump - I moved approx 15 ft from the pump, thus was going at a very very low speed when we bumped - I didn't actually see her on the phone whilst the car was moving.
However, we bumped into each other, I reverse away from the bump a few feet and got out the car within about 5 seconds and she did the same, and was on the phone speaking to someone already when she got out the van.
Now, she "claims" that in the space of time from the bump to getting out the car (approx 5 seconds or so) - she had picked up her phone, dial/made a call, and her husband had answered it. I said at the time was she on the phone at the time of her driving....she claims not.
So you are correct - I'm "assuming" she was on the phone at the time of the incident but can't prove it. (i can't see how someone can pick up their phone from inside their car, dial a number and be already speaking to someone in such a short space of time, let alone be more likely to be thinking about the incident that's just happened.)
My main point is not who's to blame etc - I can't be bothered arguing that with my insurance company as they decided early on it's my fault 100% - The point is, the incident took place at a speed I would say was sub 5 mph as I had barely moved from a stationary position - So an injury claim is a total joke and just made up.
You're correct: what a mess. I know it's a bit too late for this accident, but I strongly recommend fitting a Dash Cam. That would have proved that you were not to blame and that she was on her phone. No data protection issues either! I'd probably drop it and let the insurance company sort it.
Gone over board with cameras now - got 4 of them.....Standard fair on the Model 3 Tesla!
Just because they have put a claim in for PI doesn't mean that any insurance company will pay out.
My OH bumped into the rear of a Frontera, deemed her fault, 3 claims for PI and damage for a crash at a few MPH .
Later when renewing the insurance I queried with the insurance how much was paid out so that I could inform the next insurance company of the value of the claim. The value recorded was zero.
I did meet with the loss adjuster who came to view the front of OH car (small crack in number plate housing) and discussed how minor the crash must have been.