Both with same motor insurance - both to blame!

Quentin

What then happens if they both have legal cover as part of their car insurance as generally this cannot be invoked unless the chances of winning are good

If you are using legal cover advice, then you are right, they won't spend too much on your case unless they think you have a good chance of winning.

If you are confident of winning, then there is nothing to stop you removing your claim from the equation and pursuing the third party yourself. If you win, then the third party/their insurer will be ordered to pay all your costs, and your insurance record will be claim free over this incident.

But if you allow your insurer to handle your claim, then you will be bound by the policy conditions which virtually allow them to handle it any way they like.

mcjordi

looking at the photograph, i can see why it would go 50/50

but to be fair it looks like the red route is for straight over along john **** way ??
and the blue route is correct

but its gonna be a tough fight