Can I appeal car insurance 50/50 decision?

thecornflake

Basically last year someone drove into my parked car and damaged the door (it was already aopen and my wife was holding it at the time) and smashed off the wing mirror. The driver disputed liability and my insurance company have agreed 50/50 with them. I've spoken to three other insruance companies who have said that as she hit the mirror it proves she was too close to the car and would have hit it anyway so the matter of whether the door was already open or had been opened as she drove past (the main point of the dispute) is actually irrelevant. They have all said they would automatically assume full liability for the other party and would not accept a 50/50 split like my company ahve done.

I would probably accept it if they hadn't told me they can take off up to five years no claims and already told my new insurance coimpany the accident was my fault (standard procedure apparently).

Can I dispute it with them or am I better off trying to go to small claims? Would small claims only get the only half of the excess back and not change the deicsion on the no claims etc if she was found to be at fault?

LinasPilibaitisisbatman

You can appeal but your post gives no indication as to likiehood of success.

If your wife was parked and opened the door into the path of oncoming traffic she is fully to blame.

The fact its been downgraded to 50/50 suggests that they have accepted the other driver was driving too close and contributed.

However just because they did that doesnt mean they should be 100% to blame otherwise you could argue your wife should be 100% to blame as she acted negliently also.

pedro123456

another know it all

"If your wife was parked and opened the door into the path of oncoming traffic she is fully to blame"

Make car doors 12 foot wide do they ?

I think what was actually said was "it was already aopen and my wife was holding it at the time) ......."implying it was a "lucky escape , it could have been worse sort of thing"................now this would lead me to believe the door was not fully open (unless the wife has very long arms) orthat the other car was 16 foot wide motor ........or the car was parked in 6 foot wide road.

what do you thing batlad?

ya dink

thecornflake

You are right - the door was only open a little - she was holding it against herself whilst checking the baby. The door was ripped from her hand and caused quite severe shoulder damage.

pedro123456

I know mate.........how else would it have damaged the mirror..............well main thing is she/kid/you didn't get hurt.

There are some who post on here that are knowledgeable and they will point you in the right direction hopefully.........I dont know anything about this Insurance loophole

Except of course 50/50 both ensures both drivers loose NCB and both Insurance companies will set higher premiums and that means?........yep......more profits for them

Pete

Quentin

thecornflake wrote: »

I would probably accept it if they hadn't told me they can take off up to five years no claims and already told my new insurance coimpany the accident was my fault (standard procedure apparently).

Can I dispute it with them or am I better off trying to go to small claims? Would small claims only get the only half of the excess back and not change the deicsion on the no claims etc if she was found to be at fault?

Whoever told you that one claim will cost you 5 years NCD is wrong. Check your policy. The normal scheme is for one claim to move you down two years.

You should have told your new company about the accident and disputed liability anyway.

You can dispute the decision.

You can use the SCC to try and recover the excess outstanding, but beware if you lose, you will end up paying all the court costs as well as the defendant's expenses.

Alternatively if you win, then your insurer would have to revise their decision! Get some proper legal advice on your chances. (Do you have any legal expenses cover you can use? How "official" is the encouraging advice you have had from the 3 insurance companies?)