Confused about 50/50 claim whilst 3rd party fire and theft

moneysavingmatt

Hi all,

Was wondering if anyone had decent knowledge of insurance cases where the settlement is 50/50 as i'm having a mare at the moment trying to get my head round it...

Background:

I was involved in an accident travelling ~40mph on a 60mph after coming over a blind summit.. i collided with the 3rd party who were on my side of the road after they froze up during a right hand turn.. I suffered whiplash (confirmed by hospital) and decent damage to my car.

At the time I was told by my solicitors (as part of my legal cover) they couldn't fight this in court due to the speed I was travelling where I could not see in front of me.. (I wasnt happy at this as the breaking distance away from the other car I would have collided going 20mph but I digress)I accepted the decision after consulting with a couple of friends who are solicitors at the time. I did however have to obtain twoquotes for the solicitors prior to them throwing the case out and these were £2100 and £1750 in parts and labour.

I need the car for work and using local traders and the internet and the labour of myself and my father we got the car back to roadworthy MOT passing state *yay* ..

Now fastforward 6 months and I phone my insurers to see what the outcome was and how my NCB looks, the guy on the phone said it was settled last week on a 50/50 basis.. I was like OK, he said you should have received a cheque from the 3rd party solicitors (I hadn't).. he then said I should be entitled to 50% of the average cost of the estimate and they would pass it back to the solicitors for them to chase..

Now I'm just off the phone with a confused solictior who asked for receipts... err no don't have them and that at the moment all their asking for is 50% of my excess (I don't have an excess its 0) he was going back to my insurers to find out !!!!!! is going on and im feeling really lost...

So in this case im asking you guys say I was going it alone what am I entitled to claim?? Parts? Labour? cash based on estimate? Personal injury? <-- doubt it as 50% my fault...

Any help much appreciated..

anewman

Seems the decision has gone too far in your favour to me. I suspect there will have been signs warning you there was a junction too. Sadly you weren't in a position to stop as you were going too fast.

moneysavingmatt

Hi there was a thread debating how I was in the wrong on these forums earlier.. I wasn't driving at 60 i was driving approximately 40.. I accept these facts and ensure where I cannot see I drop my speed right down.. tough lesson learned.. I was really looking for advice on how a 50/50 claim works.. thank you for your opinion though

moneysavingmatt

And no there is no sign for concealed entrance or junction.. as I submitted to my insurers in my report with photographic evidence.

Quentin

moneysavingmatt wrote: »

I was really looking for advice on how a 50/50 claim works..

Your solicitor should be able to advise you!

You should claim all your costs + PI off the third party, and you should receive 50% of the claim.

The third party should do the same (ie claim for all his costs off your insurer, and receive 50% of them).

It is a fault claim against you, and your NCD will be affected (assuming you don't have it protected) - you lose 2 years plus none is added for the current year.