Car accident advice

sarah83295

I was involved in an accident earlier this year (no one was hurt). I was driving along a main road and a car (Which did not stop) came out of a side road, her car hit my driver side wheel arch and caused scratches and a dent, due to a kink it caused the panel had to be replaced. At the scene I asked her how she had not seen me yet she continued to ask where I had come from (There is only one road and the only side road on my side would have been 200yards earlier). Yet her statement says she made a right turn, was established on the road before I hit her (Lying). Surely if this was the case then the damage would not have been on my driver wheel arch. They have asked if I will accept 50/50 for which I have said no. What rights do I have to take this further. Although i have no witnesses, she even said at the scene to phone her as her son works with cars and he can fix the damage to my car. She gave her details at the scene but did not take mine and i presumed this was because it was not my fault. (Never had an accident so naively did not know what info to pass on or collect).

Any advice will be appreciated

Ebe_Scrooge

If you have legal protection on your policy then you could possibly use this to help.


But unfortunately, in the absence of any independant witnesses, it's likely to go 50/50 - there's no proof that the damage to your car was caused by that accident. It's unfair ( I know, I've been in a similar situation myself ), but unfortunately that's how it is.

Lukleton

If your insurance company has asked you to take a 50/50 offer, it might be worth asking them to do a without prejudice inspection of your vehicle as you are right in saying that the damage location on your car is the best form of evidence you have without witnesses or CCTV.

Where is the damage on the other driver's car - I don't doubt your insurance company has probably already looked into this but if the location of damage on their car matches up with your car (in terms of your version of events) then I would be surprised if they tried to hold you liable when the damage is in your favor.

It does partially fall down to what the insurer thinks might happen if it went to court though - the insurer will always base any decision to accept liability (even 50%) on the likelihood of what may happen if it does go to a small claims court.

As far as the offer at the scene goes, you are allowed to change your mind after a claim has taken place - normally this is put down to being in shock after the incident.

As for legal protection, that's basically just going to help pay for any solicitor fees if you get one involved, but your insurance company will often know best as far as the liability is concerned, and most solicitors will refer back to the insurer for what they think the liability will be (unless they're an ambulance chaser who wouldn't have your best interests at heart anyway)

The most important thing is to speak to your insurer and get as full an explanation as you can as to why they think you are partially liable, they should be happy to explain it to you further so atleast if you are made to accept a 50/50 then you know why.