Insurers want to settle 50-50

d0nkeyk0ng

So last year, I was involved in an accident. I was driving along a main road and a TP driver pulled out from a junction and hit me. He then pulled forwards (I thought he was gonna drive off) and parked up on the kerb. We exchanged details, he admitted liability, I took photos and went through insurers.

I spoke to my insurers who said they'd get the car repaired and engage with TP insurers. TP has been disputing the events and states that I pulled from a parked position and says it was my fault. The parked position (opposite the junction) has double yellow lines and railings so I couldn't park without obstructing traffic.

My car has been repaired and I've already paid my new insurance premium and now they tell me they want to offer TP 50/50. They also tell me TP can refuse this and my insurers want to drop the claim.

Absolutely furious about this. What can I do now?

Quentin

You can complain (and escalate to FOS if you are unhappy with the reply) but the conditions of your policy do allow your insurer to deal with claims as they think fit.

If it ends up 50/50 you will get back 50% of all your uninsured losses including your excess from the third party insurer.

nobbysn*ts

Quentin wrote: »

You can complain (and escalate to FOS if you are unhappy with the reply) but the conditions of your policy do allow your insurer to deal with claims as they think fit.

If it ends up 50/50 you will get back 50% of all your uninsured losses including your excess from the third party insurer.

I'm noticed a trend for insurers deciding to pay out, to the detriment of their policyholder, and the subsequent increase in premiums they will suffer. Although you do give the insurer the right to handle the claim as they see fit, they haven't the right to put you in a worse position unfairly, by not fighting your case if you are in a reasonable position, just because it's more cost effective for them, but not for you. They're not 'Treating the customer fairly' so I would complain, then refer to the FOS. It would be good to see a new type of intermediate fault claim, where the insured isn't at fault, but the insurer themselves still decide to pay, and they take the hit if they want to do that.

dacouch

nobbysn*ts wrote: »

I'm noticed a trend for insurers deciding to pay out, to the detriment of their policyholder, and the subsequent increase in premiums they will suffer. Although you do give the insurer the right to handle the claim as they see fit, they haven't the right to put you in a worse position unfairly, by not fighting your case if you are in a reasonable position, just because it's more cost effective for them, but not for you. They're not 'Treating the customer fairly' so I would complain, then refer to the FOS. It would be good to see a new type of intermediate fault claim, where the insured isn't at fault, but the insurer themselves still decide to pay, and they take the hit if they want to do that.

Each party is giving a convincing explanation of what happened in the accident and why the other driver is at fault.

How do you realistically propose either Insurer finds fault with the claim without resorting to court which will ultimately inflate the costs of the claim and will not necessarily mean the genuinely not guilty party winds the case?

Sparx

Did the police not attend the scene?

DUTR

Sparx wrote: »

Did the police not attend the scene?

What for?
They don't attend every RTC.

d0nkeyk0ng

It was a simple RTC at low speed (something like less than 20mph).

Pulling out from a parked position wouldn't explain the damage adequately IMO. The damage was a scrap along my front driver's wing and alloy wheel. It would have been dented and more along the front if I'd pulled out from a parked position.

Can I contest this?

Quentin

Yes. By way of a complaint.

See #2

Sparx

DUTR wrote: »

What for?
They don't attend every RTC.

I know..

I had an accident in the past that wasn't even as bad as the OPs by the sound of it. But it didn't stop the 3rd party calling the police to attend, for his own demise.

It helps if the police attend and log the incident. It helps build proof for the blame game and insurance claim.

tberry6686

This appears to be a growing trend. I've installed cameras in both my cars now specifically for this reason.

d0nkeyk0ng

Is it worth using the legal support option that I paid extra for?