Car insurance claim failed. I am totally innocent and will not give up. Where do I stand with this?

The accident happened on a roundabout I was already on, someone pulled out on me and I T-boned the side of their car.

An 'independent' assessor has looked at my car and wrote a damage report which went to the other drivers insurance company (who I am personally claiming from as my insurance is 3rd party cover only).

Their company have now wrote to me saying they are denying my claim because:

They can't understand why the whole front of the car is damaged (erm..because I T-boned the other car!)
They can't understand why the nearside wing is damaged (erm..because she kept driving for a few seconds, which tried to drag my car to one side. The chassis went out of line and it moved the wing out of position).
They can't understand how the nearside door is damaged (erm..it isn't!).

Is there much else I can do other than write to argue their statement?

A solicitor or small-claims court would not be cost effective as I'm only claiming approx 拢400.

What can I do?

It's really tough dealing with INS. company.

just get one of those accident injury lawyers... they have time resources and knowlege to get it done.. and they usually set it up where they only get paid if you get paid...

turn it over to your insurance co let them go after the other insurance co they will if they think they might have to pay

In the U.S. your insurance company would come out and survey the damage. If the other driver crossed your path then he would be liable. I would appeal or get my own assessor.

拢400 for a for an accident with so much damage? Was it just a scratch?

Or is that the only part they are not covering because they don't agree with part of the damage? Sometimes thats the breaks. If you can't prove the damages are related they may not have to pay.

In America, I would have you go to your state department of insurance. Don't know if you have a similar organization in your country

If you only carry only third party. Your own insurance company will not try to fight for you because they have no dog in the fight.

well, did you call the police, and have them determine who was at fault? and if so get the police report. Always carry a disposable camera in the glove box.

I would use a solicitor in the uk I pay for cover about 拢15 per year and I get a free solicitor in these instances the threat of court action for a small claim should be enough as you know the cost of court.
Due to the inconvinience I would also claim for whip lash loss of earnings and any thing else you can think of you should be able to add a grand or two on top.

Firstly I would advise you just to check if you have legal insurance cover. Check your car policy and see if there is legal expenses cover. If not, try your house insurance policy. Unbelievably some house insurance policies do include legal cover.

If you have no such cover I would still advise you if you are determined to challenge the insurance company to try a solicitor. Not many still offer legal aid but you could politely ask if they would be prepared to give you some initial advice on a 'fixed fee' interview. Most solicitor will often offer initial advice in a 1/2 hour interview for say 拢40 or 拢50. Then at least you will know if you have grounds for a claim.

I think that the solicitor would probably advise you to arrange an independent assessment of your vehicle by an appropriately qualified vehicle engineer. Unfortunately the costs of the report would have to be borne by you initially but if it is a positive report in your favour, it is more than likely that you will be able to recover the costs in a court action.

Alterntively, if you do not want the hassle and expense of the above, I guess you will have to accept the insurance company's decision.

I am not sure if you would be able to appeal to the Insurance Ombudsman but I think it more likely that the Ombudsman would make you arrange an independent report.