50/50 Liability - What does it actually mean?

Keith

Evening all,

I had an accident last year, which left myself and my passenger injured. Our insurance company settled for our car within 2 weeks.

My partner has since had her injury claim settled on a without predjudice basis. I've had my medical last week, which confirmed I still have symptons from the injuries at the accident.

I've battled with the insurance company over liability, from them stating we'd be lucky to get anywhere, to finally getting them to agree to fight for 70/30 in my favour.

My solicitors have been terrible and I'm onto my 4th case handler, today I recieved a letter stating an offer had been made to settle 50/50. What does this actually mean? Would I recieve compensation for the injuries?

My understanding is that my insurers would split the cost 50/50 with the otherside, being full comp I'd still recieve 100% of compensation?

Thanks
Keith

Astaroth

nope

50/50 means that you and the other party are equally responsible for the accident and therefore each side will receive 50% of their losses from the other (though obviously it is the insurance companies that pay)

Comprehensive insurance simply means your vehicles damage gets repaired/ total lossed irrespective of blame. The 50/50 will mean you get 50% of your excess back, 50% of your loss of earnings (if any), 50% of the compensation for the injury etc etc.

As a passenger was obviously an innocent party and therefore one of the insurers will have paid the claim in full on the agreement with the other insurer that they would split the costs between themselves based on the agreed settlement - therefore on 50/50 you will have metaphorically paid 50% of your passengers losses (if you agree the split).

If the case was settled on the previously discussed 70/30 in your favour split you would have received 70% of all your losses and your insurers would have had to payout on your behalf 30% of the other parties and your passengers losses.