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hi thanks for the reply,
yeah i have full comprehensive cover including legal cost, does it cover my court costs?
i've found Insurance legal costs a joke. They simply refer you to someone useless like Albany Assistance or some such so-called 'claims handling company' and once they find they can't flog you an over-priced credit agreement hire car, they totally lose interest and don't do anything.
Believe me, if you want the solution you are seeking, inform your insurer that you will not accept 50/50, and then commence legal proceedings yourself against the TP personally (not his insurers). The first step is to send a recorded 'letter before action' stating how much your claim is and that if it is not settled within 10 days, you will issue legal proceedings. Good luck.
The first step is just to say you will not accept 50/50
As this is the first mentioning of it the odds are the insurer will for now continue to argue for 100%. If they dont get anywhere then they probably will come back to you to push the 50/50 and thats when you talk about going it alone.