Car insurance claim

edited 30 November -1 at 1:00AM in Insurance & Life Assurance
3 replies 656 views
coldslogancoldslogan Forumite
8 Posts
edited 30 November -1 at 1:00AM in Insurance & Life Assurance
Hi, i hope someone can help.

well to cut a long story short, i had an accident in December 08 where another driver hit the side of my car as i exited the island, i ended up with whiplash from the injury and have made a claim as such... although i strongly believe i wasnt at fault the insurance settled on a 50/50 without prejudice basis, i have no idea what this means but im not pleased with the outcome so Q1. can i do anything about the 50/50 split as it seems you can get away with going all the way around an island these days in the outside lane. and Q2, my solicitors have suggested i put a part 36 form in for the personal injury of £2500 plus my £500 excess but say i will only recover 50% of everything even though it was 50/50 without prejudice. im so annoyed and confused at the moment.

i would be greatful for any help or advice. it just feels like you have no say with anything that goes on.

Thanks for reading.


  • QuentinQuentin Forumite
    40.4K Posts
    You have your professional dealing with your case, and their advice is better than any you will get on a forum.

    As liability has been agreed as 50/50, this means that the third party will only pay 50% of your claim against them, and your insurer will only pay the third party 50% of their claim against you.
  • well you would think that but everyone has said all sorts of different things. the guy from the insurance said i would keep all my compo and can dispute liability for fault. the solicitor has said i would be claiming back 50% of everything but im still not happy at the settlement of 50% but what is the difference between 50/50 and 50/50 "without prejudice" it seems its just another cop out from the insurance people to save money from court costs. they may have to excuse the fact that i didnt mind paying them £900 of my hard earned money for cover that seems to be not in my best interests. :(
  • edited 30 April 2010 at 11:36AM
    QuentinQuentin Forumite
    40.4K Posts
    edited 30 April 2010 at 11:36AM
    There is no difference between 50/50 and 50/50 "without prejudice" as far as the money you will get out of this.

    By making the offer "without prejudice" all that means is the offer cannot be used in evidence in court.

    Your repairs will be paid 100% (less your excess) by the insurers.

    All your other uninsured losses (excess/personal injury/out of pocket expenses etc) will be settled on a 50/50 basis (ie you will get half of any agreed claim off the third party)

    Ask your solicitor to explain things you don't understand.
This discussion has been closed.
Latest MSE News and Guides

Energy price cap could be extended beyond 2023

New plans have just been announced by the Government

MSE News

Cheap contents insurance for tenants

DON'T assume your landlord covers you

MSE Guides

Summer sizzlers round-up

Incl £2ish sun cream & £1.50 disposable BBQs

MSE Deals