Insurance settle 50/50 but im not at fault!

guy.laister

Hi,

Im looking for some advice. I was involved in a car accident last Sunday, and my insurers are just jumping to 50/50 liability.

Take a look at this footage

Dashcam footage (****I cant post links***) Go to youtube and type in "CW51FRT Head on collision"
(it is worth noting that the dash cam was destroyed in the accident by the airbags, and the time that is attached the video is scrambled and incorrect)

I always drive with a dash camera running, and as you can see i maintain a speed that is safe relative to visibility. I then slow down to a crawl approaching the sharp bend.

Luckily, I did manage to stop moments before impact. Unfortunately the Mercedes was traveling at around 35-40MPH, and didn’t even get a chance to brake because of the manner of his driving. He went round a completely blind bend at that speed.



Police attended the scene and are considering prosecuting for driving without due care.

My insurers insist that because it is a single lane road, liability is 50/50.

I maintain I was driving safely, and at a speed that shows that I was able to stop in good time. I am not at fault.

Unsure where to go from here. I have contacted the Ombudsman, but they are unable to affect the insurer’s choice.

What are my options?

FutureGirl

Most head on collisions are settled at 50/50, if it's a single lane road, no one would have right of way over the other.

guy.laister

did you see the video?

Imanaged to stop, and he was driving like an idiot. Why on earth would someoe who became stationary be at fault?

Thanks

Norman_Castle

Have the insurers seen the video?. The police should charge with driving without due care.
https://youtu.be/I16xB6Wuk4s

Crazy_Jamie

I certainly agree that no liability should attach to you on the basis of that video. You clearly manage to stop just before the impact, whereas the third party vehicle isn't even close to stopping. It is self evidence from the video that he was travelling far too fast, whereas as you say your speed seems to be perfectly appropriate for the road and conditions. I really can't envisage a scenario where a Judge would find anything other than wholly in your favour on the basis of the video.

What is the current position? Has your insurer actually settled at 50/50, or have they mentioned their intention to? Presumably they have seen the video?

PPPro

guy.laister wrote: »

Hi,

Im looking for some advice. I was involved in a car accident last Sunday, and my insurers are just jumping to 50/50 liability.

Take a look at this footage

Dashcam footage (****I cant post links***) Go to youtube and type in "CW51FRT Head on collision"
(it is worth noting that the dash cam was destroyed in the accident by the airbags, and the time that is attached the video is scrambled and incorrect)

I always drive with a dash camera running, and as you can see i maintain a speed that is safe relative to visibility. I then slow down to a crawl approaching the sharp bend.

Luckily, I did manage to stop moments before impact. Unfortunately the Mercedes was traveling at around 35-40MPH, and didn’t even get a chance to brake because of the manner of his driving. He went round a completely blind bend at that speed.



Police attended the scene and are considering prosecuting for driving without due care.

My insurers insist that because it is a single lane road, liability is 50/50.

I maintain I was driving safely, and at a speed that shows that I was able to stop in good time. I am not at fault.

Unsure where to go from here. I have contacted the Ombudsman, but they are unable to affect the insurer’s choice.

What are my options?

So you were only involved in the accident last Sunday.

And not only have the insurers investigated the matter, and you have issued a complaint, and they have responded with a deadlock letter, and you have sent that with your complaint to the ombudsman, and the ombudsman have responsed ... all within the week???

My, the insurance industry and the ombudsman service have speed up recently...:cool:


If you tell us the real story, then we can provide you with proper, helpful advice. But at the moment you are, as Captain Mainwairing would say, getting into the realms of fantasy, and so any response would be equally so.

PPPro

guy.laister wrote: »

...and as you can see i maintain a speed that is safe relative to visibility. ...

Perhaps that is your opinion.

Whilst there is no dispute that you did significantly slow down prior to the bend, from about 8 seconds in until you brake, I would say you were travelling far too fast for the conditions. You have no idea what lurks along that roadside, perhaps a dog that would be startled by your rapid approach?

Worse still, about 24-25 seconds in, there appears to be a hidden gate to the left and a hidden entrance (or at least a footpath) to the right - again you had no idea what could have been emerging there.

If the Merc is doing 35-40mph as it rounds that corner, it looks like you are probably doing 50-60mph as you race along that narrow lane moments earlier.

And it appears to have been starting to rain too.

It's private land isn't it? (i.e. not a public highway or other public space as defined by the Road Traffic Act 1988).
If that's the case, the driver cannot be successfully prosecuted for driving without due care

Have you actually provided that video to your insurers?

maddogb

PPPro wrote: »

So you were only involved in the accident last Sunday.

And not only have the insurers investigated the matter, and you have issued a complaint, and they have responded with a deadlock letter, and you have sent that with your complaint to the ombudsman, and the ombudsman have responsed ... all within the week???

My, the insurance industry and the ombudsman service have speed up recently...:cool:

oh yes they have speeded up, never were so many scams perpetrated with such speed and precision in all history.

rs65

PPPro wrote: »

And not only have the insurers investigated the matter, and you have issued a complaint, and they have responded with a deadlock letter, and you have sent that with your complaint to the ombudsman, and the ombudsman have responsed ... all within the week???

I think the OP means they just contacted the FOS. Probably told by the call centre that they don't get involved in liability decisions.

chanz4

I used to work for a claims management company for a few weeks, it would be 50/50 liability as both were doing excessive speed for the road. Also with it been single track neither had full right of way

Norman_Castle

PPPro wrote: »

it looks like you are probably doing 50-60mph as you race along that narrow lane moments earlier.

Nowhere near. More like 30-40 maximum.