car insurance claim

sadfurry

Well, I need further advice as to what we do next please, although realising we are powerless.

Six months on and we just had a letter from the legal expenses people saying there was an offer from the other insurers for a 50/50 split.

We had to push them to get the witness statement, and the last we heard was in December when we were told they had an appointment to take his statement, and someone came to take ours. Last week the legal expenses people wrote to us saying they hadn't had a witness report.

We have had no contact from our insurers since Jan when they wrote to say other insurers wanted reasonable time to make their own investigations. We have heard nothing from our insurers despite phone calls (answerphone) and emails (not replied to) asking was a witness statement ever taken.

Now this letter from Legal, stating 50/50, and asking for our agreement to it in writing.

Have tried to contact the Police officer (phone and email) to ask if they took a witness statement from our witness, she is never in the office and never replies either.

mattymoo

I used to deal with motor claims in the late 80's / early 90's.
A lot of the cases are decided on "case law" - decisions made in the High Court (and above) that relate to liability. One of these stated that where a motorcyclist was queue jumping, they were deemed to be 80% to blame. The car driver (emerging from a minor road in this case) was only 20% to blame.

On the face of it, 50/50 seems a bit of a lazy solution. The problem is though, I cannot remember the case law (or precedent as it is also known) for this. Astoroth may know. If we can find it, you need to say to your legal people, "please stick out for 80/20 split as per smith v jones (or whatever)".

mattymoo

Got it - Powell v Moody

Have a look at these sites for info.
http://www.motorcycle-insurance-uk.org.uk/forum/topic.asp?TOPIC_ID=54
http://www.whitedalton.co.uk/overtaking.php
http://www.rjw.co.uk/ctc/q-a-from-cycle-magazine
http://go.gomango.co.uk/wbw/subservices_detail.cfm?item=551

sadfurry

Thank you mattymoo.