📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Car insurance 50:50 split when not at fault

Options
2»

Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    No, the ombudsman only has oversight between a regulated body and its customers.

    So you could complain to your insurer that they have failed to ask these questions and escalate to the ombudsman if you arent happy with their response and the ombudsman could force your insurers to ask the questions but they have no power to insist the other side reply.

    Similarly if you claim directly from a third party insurer rather than via your own then you have no right to complain to the FOS if you are unhappy with their service. Its pretty much the only reason to claim off your own insurers in a non-fault accident
  • I have a similar current problem with NFU Mutual.

    I was driving slowly on a narrow road with parked cars on the left - saw a delivery vehicle coming fast towards me - slowed down some more - thought he can't possibly be going through that gap - but he had! This left me with a nearly new scraped and dented car, short of one mud-flap and a driver who said "I'm sorry I totally misjudged that!"

    NFU Mutual want me to share liability on the basis I had no witnesses.

    I have refused and who knows what happens now. I do not recommend anyone gives their business to this insurance company who clearly do not suport the interests of their paying customers - but who knows what happens to my insurance now?
    Sue
    :cool:
  • dunstonh
    dunstonh Posts: 119,749 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I have refused and who knows what happens now.

    They will take into account any new evidence you have provided but if it changes nothing then they will stick with their original decision.
    I do not recommend anyone gives their business to this insurance company who clearly do not suport the interests of their paying customers

    NFU have an excellent reputation on claims. Your reason for not using them is daft as you would have little difference elsewhere. Its an unprovable allegation and the other driver is obviously claiming it was your fault. MAybe fit a camera in your car. They are great for claims like this as they show your speed, position and date as well as giving an oncoming. So, next time you have some evidence.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Quentin
    Quentin Posts: 40,405 Forumite
    shammond wrote: »

    NFU Mutual want me to share liability on the basis I had no witnesses.

    I have refused and who knows what happens now...........?

    When you accepted their ts & cs when buying the policy you agreed that they handle claims as they think fit.

    Faced with different stories from both sides and no witnesses/ CCTV etc then 50/50 is the norm.

    You will be able to get back 50% of your uninsured losses (excess etc) off the third party
  • FutureGirl
    FutureGirl Posts: 1,252 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    TBH it isn't about what actually happened, it's about what can be proven.

    If other side admits liability at the scene, and only you hear it, then it's hearsay and can't be relied upon (unless you recorded them saying it).

    If it is your word against his, there is no CCTV, and no witnesses then a split on liability is normal. As if it went to court a judge would likely rule this way as how would he know who to believe based on the non existent evidence?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.