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Involved in accident. Shall I accept 70:30 offer?

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  • Quentin
    Quentin Posts: 40,405 Forumite
    jonj123 wrote: »
    What shall I do? am I obliged to accept whatever they say or is it worth continuing to fight my corner?

    Thanks
    In the end it's down to your insurer to deal with this as they think fit.


    But don't make it easy for them by "accepting their offer"


    Continue to protest you are unhappy as you feel you were blameless.


    If it ends up as split liability although it has the same effect on your record/ncd etc as a full blame claim, the smaller your liability the bigger the share of your uninsured losses you can get back of the third party.


    eg. if it is concluded as 70/30 in your favour you can get back 70% of all your uninsured losses from the other side (eg excess/hire car/loss of earnings/injury compensation/taxi costs etc)
  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    70:30 sounds sensible IMO. Perhaps 80:20 would be better but a share nonetheless.

    The OP failed to check mirrors before maneuvering but the overtaking car was significantly more the fool for overtaking a car turning right.

    Both to blame but in different proportions.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Argue it all the way. You've done nothing wrong! Even if you checked your mirrors we don't know if he'd have been in your blind spot or what.
    I'd be looking for him to take full responsibility!!
  • jonj123
    jonj123 Posts: 189 Forumite
    Thanks for all the advice. I seem to have had mixed response. What I want to know is would it be worth me going through the effort of challenging this even if they agree to change it to 90:10 for example? also do I need to pay anything or does the insurance company deal with it all? (I've already paid my compulsory excess of £250)
  • rich13348
    rich13348 Posts: 840 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    You wouldn't pay anything else but you would be able to claim 70% or 90% or whatever you accept of your out of pocket expenses from the 3rd party insurers and that includes you £250 excess.
  • londonTiger
    londonTiger Posts: 4,903 Forumite
    you're partly to blame because you should be aware of the driver behind's impatient and risky driving style and should have been wary of this due to him/her tailgating and manoeuvring to overtake when you slowed down to turn right.

    Had it been a cyclist you would have been 100% at fault.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    Could other driver claim OP was not indicating?

    I've been behind drivers in the past, who i'd noted we're driving in a rather dithery manner and whome i'd determined I should overtake before they get me into an accident. A number of times that driver has braked to a halt before suddenly turning without indication.

    A biker friend of mine wrote off a bike during a test ride when he overtook a car that failed to indicate before turning right.
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

    <><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    you're partly to blame because you should be aware of the driver behind's impatient and risky driving style and should have been wary of this due to him/her tailgating and manoeuvring to overtake when you slowed down to turn right.

    Had it been a cyclist you would have been 100% at fault.

    You got anything to substantiate such a wild claim like that?

    Based on this logic I was at fault for stopping at a red light when they guy behind me, whom was tailgating, kept going until he was in my boot.
  • prowla
    prowla Posts: 13,986 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    paddedjohn wrote: »
    Did you not spot the other car in your mirrors before turning across the road?
    I'm never sure whether the answer to a "did you not" question is supposed to be yes or no, as in.

    a. Yes, I did not see them.
    b. No, I did not not see them.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Both being correct answers of course since had op seen the car then presumably they wouldn't have continue to turn right knowing they will be in the path of a lunatic to the right.

    Of course a lot of people seem to take what should have happened with the benefit of hindsight and how it could have been prevented with defensive driving techniques or whatever to turn liability around from the moron overtaking a vehicle waiting to turn right to the victim that's just been hit
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