Car incident disputed?

Irony

If there is a dispute over liability, & both parties have sent in detail reports + diagrams & on reading it, it looks like the other driver was at fault(shot himself well in the foot). Would his insurer still pursue his version/claim that I was responsible, as a matter of course?then after my response to his detailled account,tell him he had no case, or would they still try to get their man off hook no matter what?
I'm not looking for 50/50 ,no way.
If it can't be settled by our insurers can I take it to a small claims court & let them decide who is liable? Thanks again guys.X
(over 6months since accident.Took him 3months to report it:mad: I reported it same day)

Weirdlittleman

No its upto the insurers to decide.

If the evidence clearly shows the other party liable then they will be liable, if its a dispute with little evidence or witnesses they will almost certainly go 50/50

devildog

It is my opinion that insurers will on the whole try and minimise their payout and this means even if the other party are totally innocent they will still push for 50/50 liabilty (the system stinks).
If they do this then you do not have to accept it, you ask for their complaints procedure and depending on which scheme the insurers belong to you can pursue it(both schemes are through arbitration, one is legally binding and one isn't)

If I had known about this years ago it is the route I would have taken-my car parked, handbrake on but engine running(nowhere near a school)-hit by a school minibus, my car damaged, bus not. Insurers went for 50/50. It still makes me mad thinking about it many years later!!

Irony

Know how it feels Devildog.The 3 months one's allowed before reporting accidents is also ludicrous.
He leaves inside lane to middle lane on roundabout then crosses back on exit hitting us!
He claims my "intention was to undertake him & his trailer"."the damage was caused by my trailer"(his own,we only had car)his words. Thxs guys