Car accident claim. Looking for advice

ahxcjb

terrylamps wrote: »

Thanks rs65. Don't worry, i have already told them that my partner and his dad are prepared to go to court. We hate liars. His dad is old school and believes if you do something wrong you own up to it. He's prepared to stand up in court and call her and her witness a liar to their faces.

It's irrelevant what you are prepared to do. The insurance company won't take this to court, they never do, not unless there is significant damages involved (ie, death/loss of limb caused by their driver).

As others have said, you've naively claimed against your own insurance rather than against the third party. Expect this to go 50/50. Chalk it up to naivety and don't let it happen again next time - go to THEIR insurer.

terrylamps

As you weren't at the scene of the collision, then it would hold more weight if any arguing was done by the insured driver involved!

They have mostly spoken to me as the policy is in my name but when they have spoken to my partner he has made it clear that she is 100% liable for the accident.

If you negotiate for a "lesser split" in liability then you are admitting your partner has some liability!

I see your point but if they are going to force him to take some blame regardless of the truth then a lesser split would at least make us feel abit better.

You will have a better chance of taking them on over this if any split liability imposed on you is accepted "under protest", allowing you to at least appeal and fight your corner.

When they get back to me about the split liability i will make sure that they know that he/we are accepting it under protest. In the mean time my parters solicitor is still going for 100% liability though she has already warned that he may have to accept 50/50.

As others have said, you've naively claimed against your own insurance rather than against the third party. Expect this to go 50/50. Chalk it up to naivety and don't let it happen again next time - go to THEIR insurer.

I can't see how going direct to her insurance from the start would have made any difference to the outcome since it's them asking for 50/50.

Anyway, thankyou all for your help