Car Insurance Settlement

Eagles

I was recently involved in an accident where I was hit by a vehicle from behind - in other words it was an accident that was 100% not my fault.

However, I've just been informed by my insurance company that they have agreed a 50/50 settlement with the other driver's insurance company - a settlement that will require me to pay the excess on my policy and will appear as a claim on my policy, with the inevitable increase in premium that will follow.

Why on earth my insurance company would want to settle at 50/50 I just don't know. I can only assume the other driver has lied about what actually happened and, as there were no witnesses other than a family member in my car, my insurance company doesn't think it's worth pursuing the case.

Does an insurance company have the right to make a settlement like this against the wishes of the policy holder?

forgotmyname

They can do what they want. But if it impacts you then stick a complaint in.

The other driver is not insured with the same company are they?

Formal complaint stating the facts that you were no way liable for any part of the accident and do not accept to being 1% liable never mind 50%.

Formal complaint in writing and send it recorded delivery.

Stick to the facts and unlike me dont waffle

But just because you were hit from behind does not make it a clear cut case you are not at fault. You may have cut them up leaving them nowhere else to go and not enough room to brake.

Eagles

forgotmyname wrote: »

They can do what they want. But if it impacts you then stick a complaint in.

The other driver is not insured with the same company are they?

Formal complaint stating the facts that you were no way liable for any part of the accident and do not accept to being 1% liable never mind 50%.

Formal complaint in writing and send it recorded delivery.

Stick to the facts and unlike me dont waffle

But just because you were hit from behind does not make it a clear cut case you are not at fault. You may have cut them up leaving them nowhere else to go and not enough room to brake.

Thanks for this.

No, the other driver wasn't insured with the same company.

I accept your point that being hit from behind isn't clear cut. However what actually happened is that I was driving in lane 2 of the M25 at about 65 mph, overtaking a lorry that was going a little slower. The lorry then pulled out into my lane too early and hit the back left panel of my car (which is a vintage car by the way ). So I know that he was 100% guilty and I am 100% innocent, but I accept the fact that he may tell a different, untrue, story.

I think you're right that the next step is a formal complaint in writing.

Thanks for your help.

rs65

Where was the actual impact on yours? Was it the back or the side?

Eagles

rs65 wrote: »

Where was the actual impact on yours? Was it the back or the side?

It was on the side. Over the rear left wheel arch.

vaio

the trouble you might have is that the physical damage would be the same whether he moved into your lane and hit you (his fault) or you moved into his lane and hit him (your fault)

If the two drivers are telling different stories then pragmatically 50/50 is what the insurers will try as the cheapest option for them

Eagles

vaio wrote: »

the trouble you might have is that the physical damage would be the same whether he moved into your lane and hit you (his fault) or you moved into his lane and hit him (your fault)

If the two drivers are telling different stories then pragmatically 50/50 is what the insurers will try as the cheapest option for them

Yes I know. It's very frustrating though when you know you're totally innocent! :mad:

vaio

you could do a small claim against the other driver to recover your excess. See if he'll still tell lies with the beady eye of a district judge on him. If you win that then everything else should sort itself out

forgotmyname

Your OP seemed to suggest he crashed into the back, Not hit you on the side.

Makes more sense now the 50/50.

Your word against theirs.

He changed lane, You changed lane.