Car Insurance Co settling for 50/50 without my permission

dianne2010

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I had an accident back in feb an idiot who was trying to overtake went into the back of me NOT MY FAULT. My insurance company said that we may have to settle 50/50 as nobody stopped and my passenger did not count a witness. I went back to where the accident happened in the day and saw there was a CCTV camera so asked the security guard if I could get a copy of the tape. Because it was a bank CCTV i could not get a copy but they advised that the police could get a copy if this was a criminal matter. The insurance co advised it was not and that even though this guy has lied to his insurance co and said that I reversed into him (Surely this is insurance fraud) however they said that they would try and get footage or send an assessor down to view the tape. They also advised me to leave it to them. I have been calling them roughly once every two weeks for updates but they have had none.
I recieved a call last week to advise me the are now settling 50/50 and there is nothing I can do about it as they reserve the right to do so. I have since spoken to the security guard who will make a statement which i had suggested to ins co and as far as I am concerned this statment should act as a third party witness but they dont agree any advice would be appreciated I am writing to the ombudsman but I think if they settle this would hamper any comeback for me I have lost my 4 years no claims and this has already doubled my premium not to mention the injury claim for my back which is still bad. I have also asked insurance co for emails they say they have send but they advised that they don't have to keep them and so I cant have copies.

Quentin

They are correct when they say they do have the right to settle claims as they think fit.

But that doesn't stop you raising an appeal/complaint. You need to first use your insurers complaints procedure before using the FOS.

Your NCD should have only reduced by 2 years, assuming this was your only claim during the year (though no NCD would be added for the year).

You can still pursue your injury claim - if it's agreed, and liability is concluded at 50/50 you should receive 50% of the agreed settlement figure.