Obvious 100% Liable, Insurance says 50/50

forgotmyname

Too many holes in the story. If they have offered 50/50 I think thats more fair.

You have a story full of holes and video showing nothing at all.

dmliverpool

You have the person bang to rights. Consult a no win no fee company and sue the owner directly, your insurer should give you the details your new solicitors needs. Get the solicitor to send the third party insurer a copy of the video with a ambitious settlement figure (close to the courts limit) and give a 28 days notice before imminent court proceedings. Its worth a punt, however they will try to defend the case which they always do and they will lose. As you have made an offer they won't be able to say you admitted 50/50. This footage is full and complete proof and any judge with a pulse would rule in your favour.

Another step to take is to get the petrol station to identify the transaction of the 3rd party somehow, however they may not give you this info. One way is if they person swiped a loyalty card etc. Then you have undisputed joinder... however its spelt.:D

One question, is the underwriter the same company by any chance? i.e. both you and the 3rd party are underwritten by the same company, as a 50/50 split option has been offered for a reason?

forgotmyname

dmliverpool have you been watching a different clip?

No collision took place in the video. The OPs story is so full of holes the other party wouldnt even need half a brain to show its a flawed.

Quentin

stonesy wrote: »

My witness/friend stated "He heard a slow crunching/scratching sound, and he 'felt' the bump"

Your friend won't be any use as a witness! You need the witness to be independent!

If you take independent legal action against the third party this will be passed on to the third party's insurer to defend just as if your insurer had taken court action against them.

InsideInsurance

Quentin wrote: »

Your friend won't be any use as a witness! You need the witness to be independent!

If you take independent legal action against the third party this will be passed on to the third party's insurer to defend just as if your insurer had taken court action against them.

In court anyone can be a witness, it is up to the judge to decide if the witness is biased due to their association with the party or not. Outside of court insurers tend to dismiss non-independent witnesses out of hand.

forgotmyname

If you were a judge would you award anything in this case. He bumped your car and shunted it but you didn't move an inch whilst filling up with fuel?

You opened the passenger door before walking off to pay yet didn't bother to look at the damage.

Then the bit about your passenger couldn't open their door to check because they were blocked in? Clearly not the case.

tbourner

Ignoring the inconsistencies of the story for a moment (I'd hope OP would clear this all up before actually going to court) there is evidence of accident damage to the car, and if insurance is involved then they should be able to check the other party vehicle to check for damage? Why hasn't that happened? Has the other party even been found/contacted? As above you can get their address if you need to. Seems pretty clear that if both cars are damaged in appropriate places then it proves the incident occurred.
As for excuses I would do exactly the same thing - in fact I'd be likely to drive home before checking the damage if my passenger told me someone had hit me - if it was the wife she would do exactly the same as well just wait in the car until I got back in before telling me it had happened, she wouldn't have got the numberplate though