insurance seem happy with 50/50 but im not

InsideInsurance

reeac wrote: »

" passenger late for a flight" plus quick disappearance from the scene suggests that he was speeding. Could help your case.

Speeding, for all intents and purposes, is irrelevant when it comes to the matter of negligence. You should judge other road users speeds and act accordingly. If you arent sure of their speed then you have to play it safe rather than gamble.

Astronaughtwannabe

I disagree. Speed if excessive (and can be proved) may demonstrate negligence, though won't negate contributory negligence.

It is of course a point of no use to the OP in this case because nobody is likely to be interrogating the airbag module(s).

reeac

There is some conflicting information regarding the jumping of lights which a speeding driver would be more likely to do in order to catch a flight.

Marktheshark

Your van does appear to have "cut the corner" somewhat.
That might be the 50/50 factor.

DarkNik

added more photos been on holiday, got back and insurance have asked for statement and photos, which iv already sent

AdrianC

Just noticed the photo link - looking at those pics, you both had plenty of visibility to see the other coming and avoid an impact. Definite 50/50.

Astronaughtwannabe

The best you can argue is as you've originally said - the position of the third party's vehicle is suggestive of it moving from the left filter lane moments before impact. Now I pointed out that vehicles can rotate around their mass so it's not necessarily a sign of their pre-impact vector, rather the post impact.

Having said that, in your case, the post impact rotatation (if any) would mean it would have rotated anti-clockwise and yet the third party's still looks at slight right echelon. This could be construed exactly as you originally pointed out.


Now all you have to do is convince your insurer that you are, on the balance of probabilities, the innocent party. Good luck with that!

DarkNik

so i called the insurance today, didn't get the guy i was dealing with got someone else only thing they said was they haven't determined 50/50 or 100% yet , but turns out other guys making a claim against me for injury, which i didnt think you could do until result, so i started a claim against them
so it turns out we have got the same insurance company which im guessing is the 50/50 but as guy is claiming injury might not be 50/50

AdrianC

Sorry - you aren't injured, but you're going to claim you are... because he is?

Astronaughtwannabe

DarkNik wrote: »

so i called the insurance today, didn't get the guy i was dealing with got someone else only thing they said was they haven't determined 50/50 or 100% yet , but turns out other guys making a claim against me for injury, which i didnt think you could do until result, so i started a claim against them
so it turns out we have got the same insurance company which im guessing is the 50/50 but as guy is claiming injury might not be 50/50

The other party's injuries (alleged or otherwise) will have no bearing on split liability.