Car Insurance Claim Liability Problem

New_Forest

HELP!

I was in the process of parking in a car park a couple of weeks ago when a woman reversed into the rear drivers side door of my NEW car! The parking procedure involved a bit of to and fro because there wasn't much space to move, and it was when I was positioned ready to reverse straight into the space that the woman in the space nextdoor suddenly reversed out of the space, into my car!

However, I heard from my insurance company yesterday that the other driver claims we were both reversing - however, I was stationery when she hit me. I was ready to reverse, but saw her suddenly moving towards me, so didn't move, instead blasted my horn to make her aware I was there because she obviously hadn't seen me. The problem is, there were no witnesses, so I'm told it will be a 50/50 settlement, meaning I will lose my no claims protection (I made my only other insurance claim in 20 years of driving ever, 2 years ago), so another claim in the next few years will lose my no claims discount.

I am challenging this decision as to me it's obvious the other driver was at fault - and whether I was stationery or not shouldn't come into it - she would still have hit me! I have photographic evidence that should help prove that I was stationery when she hit me. She should have seen that I was about 3 quarters of the way through the process of parking, and wait for me to finish.

I just wondered what other people on here would do - the way I see it I either :

1) Accept their decision, and avoid the hassle (the stress is starting to cause me major health issues), just hope I don't need to claim for at least 3 years, and accept the inevitable higher premiums.
2) Fight as long as I can even if it means going to court with no guarantee of success

Or any other ideas please?!?!

Crazy_Jamie

There is no real risk to you personally in going to court. If the insurer is minded to accept a 50/50 settlement, then that will negatively affect your premiums. If you go to court and are found fully liable, that will still negatively affect your premiums. Giving evidence in a small claim (which I assume this will be) really isn't as complex, serious, or difficult as you are likely making it out to be in your mind. It really is quite straightforward, and in a case such as this where insurance companies are involved you will likely have a legal representative there to put your case and guide you through the process.

On the face of it, providing the insurer is willing to push the claim to trial, I don't see any downside to you in pursuing this other than having to cope with the stress of it. As I say, whilst litigation certainly is inherently stressful, this is almost inevitably not as big a deal as you are making it in your mind.

rs65

When you know you are in the right, its tempting to take it to court but without evidence it would be down to how convincing you both are.

But, if its causing health issue just let it go. Simply not worth it.

New_Forest wrote: »

the stress is starting to cause me major health issues

rs65

Crazy_Jamie wrote: »

On the face of it, providing the insurer is willing to push the claim to trial,

From the OP's description I doubt an insurer would support the court route.

dacouch

Generally when you lose your protected no claims bonus due to the amount of claims you initially go onto the equivalent of maximum no claims bonus. Any subsequent claims would reduce your no claims bonus in the same way they would to someone without protected no claims bonus.

Have a look in your Policy Booklet under "No claims bonus" which should explain how your Insurer handles the matter

New_Forest

Thanks for the replies so far.

If I was in any doubt about liability I think I'd accept the 50/50, but as I'm 100% certain the other driver is 100% liable, I feel out of principle I should fight to the end! The only problem is lack of evidence, plus the fact I'm hopeless at any sort of public speaking (even in front of a few people, I go to pieces!) so wouldn't put my case very well!
Does anyone know whether if it went to court, is the case heard locally? Both me and the other driver live in the same town.

New_Forest

One thing in my favour - the lady who hit me said "I know I'm not supposed to apologise but I'm really sorry" - surely thats an admission of liability, but again its my word against hers as no witnesses!

BertTheRaccoon

Do you know how to post a pic of the damage to your car on here?

New_Forest

BertTheRaccoon wrote: »

Do you know how to post a pic of the damage to your car on here?

Unfortunately no I don't know how, but haven't got a great photo of the damage itself.

Crazy_Jamie

rs65 wrote:

From the OP's description I doubt an insurer would support the court route.

You may well be right. It's the major 'if' in the OP's quest to take this to a trial.

New_Forest wrote: »

If I was in any doubt about liability I think I'd accept the 50/50, but as I'm 100% certain the other driver is 100% liable, I feel out of principle I should fight to the end!

The thing is, most witnesses in your position are convinced that they are in the right as well. Most witnesses that the court finds against are considered to be mistaken rather than lying. This is why your insurer will make an objective assessment of the merits.

New_Forest wrote:

The only problem is lack of evidence, plus the fact I'm hopeless at any sort of public speaking (even in front of a few people, I go to pieces!) so wouldn't put my case very well!

It's not down to you to put your case; your legal representative will do that. You will have a prepared statement that stands as your main evidence, and you will then only have to answer questions from the other side's representative. Your role in the trial will be to answer those questions and give evidence, not to put your case.

New_Forest wrote:

Does anyone know whether if it went to court, is the case heard locally? Both me and the other driver live in the same town.

Yes, it will be in your local court.

New_Forest wrote:

One thing in my favour - the lady who hit me said "I know I'm not supposed to apologise but I'm really sorry" - surely thats an admission of liability, but again its my word against hers as no witnesses!

This is not a big a point as you want it to be, and it certainly doesn't count as an admission of liability in court. In fact, section 2 of the Compensation Act 2006 specifically says that an apology does not count as an admission of liability (click). If this does go to court, chances are it will simply come down to your respective accounts of how the accident happened.

New_Forest

Cheers guys!

One last question... if it goes to court presumably win or lose does the insurance company pay all costs? I'm not expected to pay anything am I?

I get the feeling my insurance company don't want to take it to court, instead taking the easy way out of 50/50. The lady on the phone said we really don't want this to go to court, the court would rule 50/50 anyway - obviously they don't want to spend extra money!