Help, Car accident. insurance company wants to go 50-50. not my fault

astock

I was parking into a parking space and another car driver reversed into my car from my nearside (her car was at an angle to my car at 90 degrees) damaging rear nearside door on my car. no damage to her car as it was her bumper that did damage to my car. her nearside mirror was previously damaged and children in her car standing in backsit obstructing rear view mirror. she claimed she did not see me but how could she when side mirror was damaged view was obstructed from rear view mirror. had a witness but when it came time for witness to give details to insurance company the witness failed to provide any. after sending my claim through, my insurance company says it will have to be a 50-50 claim as both cars were reversing, hence i cannot claim back my excess i paid leaving me open as an at fault driver next time i renew my car insurance. to claim my excess they asked me to write to other drivers insurance and claim it from them as i do not have legal assistance with my insurance company. i wrote to other car drivers insurance company about 4 months ago but they have not come back to me yet and it has been 8 months since accident occured.
please any suggestions and advice would be helpfull.

MORPH3US

You could threaten to take the other driver insurance to the small claims court, but since it was in a private car park and the witness seems to have disapeared then I would say chances of winning would be slim!

How much excess have you paid?

M

mattymoo

Sometimes the threat is enough.

Write a clear, concise letter to the other persons insurance company. Explain why you are holding her responsible. Something along the lines of:-

A) The rear view mirror on your clients car was defective thereby restricting her visibility.
Passengers in her vehicle were standing on the rear seat further obstructing her rearward vision.
C) By undertaking a reversing manouvre the onus was on her to ensure the path to the rear was clear of obstructions. The fact this accident occured clearly indicates she failed to do this.

I have incurred a loss of £100 (or whatever amount the excess is). Please forward a cheque in this amount within the next 28 days otherwise I will not hesitate to pursue this matter through the small claims procedure.

Small claims procedure (a procedure within the county court for claims below £5000) allows you to issue the summons on the other driver for the cost of a court fee. Last time I looked this was around £45.

You can represent yourself in court. It is quite informal and normally done in a meeting room, not a courtroom.
Thing is, the other persons insurance company would need to pay for solicitors to defend the case. The cost of these solicitors (£1k upwards) is a cost they will incur whether they win or lose. They cannot force you to pay it.

Most insurers therefore take the view - pay £100 to settle the claim or pay £1,000 to win in court, £1,100 to lose. The maths is simple and most of them fold on these small claims once litigation is contemplated.

Andy_L

mattymoo wrote:

C) By undertaking a reversing manouvre the onus was on her to ensure the path to the rear was clear of obstructions. The fact this accident occured clearly indicates she failed to do this.

Unfortunatly the OP was reversing at the same time so the judge may decide to settle without a hearing or the insurance company could apply for the claim to be struck out, avoiding a lwyer having to go to court.

Andy

lday77

This happened to me in a carpark the other driver said it was my fault, there was witness who said it was both our fault but he disappeared.

So I thought they would believe the thrid party, but because it was in a car park it went 50/50 in the end and I never heard anything about it again, they have to prove it was your fault and in these circumstances I don't see how they can. Good Luck

mattymoo

Andy_L wrote:

Unfortunatly the OP was reversing at the same time so the judge may decide to settle without a hearing or the insurance company could apply for the claim to be struck out, avoiding a lwyer having to go to court.

Andy

Oops - sorry missed that bit. Certainly will be a tricky one without the witness.

astock

MORPH3US wrote:

You could threaten to take the other driver insurance to the small claims court, but since it was in a private car park and the witness seems to have disapeared then I would say chances of winning would be slim!

How much excess have you paid?

M

the excess i paid was £100