My car just got hit - need some advice please

Lum

If they are not paying up then insurance is the correct route to go down.

Your insurance will probably initially be lazy and try to offer 50/50 as well as this means they get to stiff both of you at renewal time. You will need to argue the toss with them and demand that they fight your side of the argument. Some will, some simply cannot be bothered.

May want to try some of the no-win no-fee types first see if any of them are interested in taking this on for you.

Good luck.

fivetide

No shock. Bound to say it wasn't his fault and no doubt he's told his boss you pulled into his lane.

Let the insurance deal with it. Any CCTV you could ask for? Did you take pics of the cars in situ? Just in case he suddenly develops a witness, that's all.

5t.

neilmcl

Lum wrote: »

As always, a google maps link to the road in question would help a lot, but assuming it is as you describe, two lane dual carriageway with you both going straight ahead from your respective lanes, I cannot see how it would possibly be your fault

Unless the third-party argues that the OP strayed into the inside lane after exiting the roundabout.

Charliezoo

neilmcl wrote: »

Unless the third-party argues that the OP strayed into the inside lane after exiting the roundabout.

Well he's saying that we're both responsible, that would mean us both straying into each others lanes at the same time? Quite unlikely I think personally.

neilmcl

Charliezoo wrote: »

Well he's saying that we're both responsible, that would mean us both straying into each others lanes at the same time? Quite unlikely I think personally.

What he's probably suggesting, and the insurer's may agree, is that he doesn't believe it was his fault, you don't believe it was yours, it was a side to side impact and there were no witnesses, hence 50/50.

Quentin

Charliezoo wrote: »

...he believes it was 50:50 liability.

If it ends up 50/50, (or any other split liability), then although this is the same as far as the consequences to your future insurance is concerned as a 100% fault claim, it would mean you will be able to reclaim 50% (or whatever liability the third party ends up with) of all your uninsured losses (eg your excess) from the third party.

aka_shortie

unless you have impartial witness, CCTV etc. I can see this being a 50/50 claim!

fivetide

Quentin wrote: »

If it ends up 50/50, (or any other split liability), then although this is the same as far as the consequences to your future insurance is concerned as a 100% fault claim, it would mean you will be able to reclaim 50% (or whatever liability the third party ends up with) of all your uninsured losses (eg your excess) from the third party.

I had an incident with a vehicle on the wrong side of the road (he crossed the line on a bend).

Went to court in the end and judge graciously aportioned 50% of the blame to me for not being able to stop (ignoring the fact that the other vehicle didn't stop either) but put primary liability with the other driver so all my insurers costs were paid.

5t

Charliezoo

Very fraustrating, I know I was in my own lane the whole time so wasn't in any way at fault. How on earth do I go about proving this with no witnesses?

aka_shortie

Charliezoo wrote: »

Very fraustrating, I know I was in my own lane the whole time so wasn't in any way at fault. How on earth do I go about proving this with no witnesses?

you cant.

without cctv or witnesses, there is no evidence to back up your claim (or his), that is why it will end up 50/50. One word against the other!