Should I Split Liability For A Non Fault collision?

Quentin

rborob wrote: »

I don't know. We filled out all the paperwork, sent them copies of our receipts from the garage (for the excess). I figured the insurance company would handle the rest?

No.

It's down to you to get your excess back.

You can DIY, use a solicitor or (in your case) make use of the "legal cover" you paid for with your policy. (That is really (all) that you get with "legal cover" - it is really just for uninsured loss recovery when a third party has some liability).

So get on to them now and see if they will act over the excess.

It's time you pushed on this - presumably your renewal premium was affected by this (and your NCD if you don't protect it)

rborob

mikey72 wrote: »

It'll be settled 50/50. If he was mostly in front of you, and clipped your wing with the back of the trailer, approaching roadworks to filter the second lane back into the first, he was obeying the roadsigns at the time, and they'll argue you should have forseen him moving, and braked slightly to let him in.

Hi, thanks for your comment. He wasn't mostly in front of me. he was originally behind me and sped up to do about 40-50 (i was doing 30) in order to undertake me and get past..the safe thing would have been to slow down and move behind me. I was actually stopped when he hit me as i braked as safely as I could and he continued across the front of the car

rborob

vax2002 wrote: »

can you just clarify whos insurance you are claiming on
YOURS
OR
The Other Driver

I'm really sorry I don't know what this means. I think I was originally going to claim off the other driver, as it was his fault, but i assumed since he is now disputing liability I would be claiming off my own?

Forgive my lack of knowledge, the insurance company hasn't exactly kept me informed

vax2002

Please can you answer my question ?

Whos insurance are you claiming on ?

You must have called an insurance company, was it YOUR company or the OTHER drivers company ?

rborob

vax2002 wrote: »

Please can you answer my question ?

Whos insurance are you claiming on ?

I don't know the answer to this, what does it mean? I logged the collision with my insurance company..I sent them all the paperwork, they passed it on to a solicitor. Now I have this paperwork. Is that not enough?

I called my insurance company originally (sorry for the confusion)

vax2002

Right and it is your insurance company who have told you they will only go 50/50 ?

These questions are crucial to what you do next

rborob

vax2002 wrote: »

Right and it is your insurance company who have told you they will only go 50/50 ?

These questions are crucial to what you do next

The letter from my solicitor states

" I have received a letter from the defendants insurance company stating that as there is no independent witness evidence they are prepared to put forward an offer of 50/50 in respect of liability"

Quentin

This will be relative to your excess too.

Whatever is decided in the end, you will get that proportion of your excess back. (eg 50/50 = you get 50% back off the third party, 0/100 in your favour = you get all your excess back.

As previously posted, reply saying you don't want to accept anything less than them (the third party) agreeing to be fully liable.

vax2002

Write back.
The offer of a 50/50 Liability would suggest that I am half responsible for the other party deciding to drive in to the side of my vehicle by switching lanes without warning, this position is unacceptable and quite frankly, if it is the best you can do, in my own best interests I would recommend you withdraw from the case that the claim is closed and I shall proceed forward with a claim against the other driver in the small claims court, I await your reply.

Now the hidden bit, if you accept 50/50, you are 50% responsible for his damages, he might be a few knifes sharper in his scullery draw, if his damages are say inflated to £10k, yoirs are £5K by accepting 50/50 you will have a loss of £2.5k against you on your insurance plus costs, your insurance will increase substantially over the next 5 years, it could be by several thousands of pounds .
These people wear you down by making you want it just over and done with, that is the last thing it will be if you accept the 50/50 when you were clearly not at fault.
Inform this solicitor that its 100% or nothing, no negotiations.

InsideInsurance

Ok, just ignore me.

Speak to your insurers or solicitors and ask them what the TP's allegations are. There is no way of judging probability of success until you know what the other party is claiming happened in the accident to warrant the 50/50 offer