How to avoid 50/50 car Insurers settlement?

bery_451

I hear stories where insurers settle for 50/50 as its the easiest option for them however how do I avoid this route when the 3rd party is 100% liable for the crash even though he is denying liability.

Theres no witnesses, no police were called to the scene as we exchanged insurance details and the details checked out fine. However I reported it to the police the next day and got a log reference number.

Photos were taken and the scenario can easily be seen on google maps.

I phoned up his insurance company explained what happened and his insurance company is denying liability because their 3rd party customer is denying liability.

I notified my insurers Octagon as I have fully comprehensive insurance however I do not want to claim on my insurance or get my insurance company involved because why should I when it is the 3rd party 100% fault.

If I do have to claim on my insurers then how do I prevent the 50/50 settlement?

I was driving along and when I was about to turn left into a side Glover street the 3rd party tried to undertake me on the left on the side street but instead colliding with my car causing a crash.

Here is the scenario on google maps:

https://www.google.co.uk/maps/@52.4782552,-1.8792794,3a,75y,215.84h,91.14t/data=!3m6!1e1!3m4!1sObPL6HXLAFTGpZYZZE0DsA!2e0!7i13312!8i6656!6m1!1e1

3rd party is falsely saying I was indicating right for a right turn and was driving in the middle of the road risking my life onto oncoming traffic as the lanes are narrow. Can this ridiculous statement have any merit in court or is this is a simply open and shut case?

Please advise.

[Deleted User]

Although I'm no expert, without witnesses, I'm not sure what you can do though as it's a case of "he says, she says ...."

I'm sure somebody with more knowledge on this will be along soon ...

Quentin

Even if you don't claim off your policy, you will still end up with the consequences of a 50/50 assuming the third party makes a claim against you and liability is settled by the insurers at 50/50.

You agree that your insurer will deal with claims as they think fit.

With no witnesses and presumably no CCTV/dash cam evidence who knows which side is lying?

bery_451

Even for the sake of the argument that I was turning right even though I wasn't and was really turning left does that give the 3rd party the right to undertake me on the left using the side street because the lanes are narrow?

Have you looked at the google maps link?

DUTR

bery_451 wrote: »

Even for the sake of the argument that I was turning right even though I wasn't and was really turning left does that give the 3rd party the right to undertake me on the left using the side street because the lanes are narrow?

Have you looked at the google maps link?

Did you ever sort your train station incident?

bery_451

Yeah Sorted thanks.

DUTR

bery_451 wrote: »

Yeah Sorted thanks.

So what happened with that?

bery_451

Like I said sorted.

What's important now is this topic to sort out.

Thanks,

bery_451

I like to know how do I request cctv from the buildings covering that street?

So insurers will only do 50/50 liability for all cases unless there's witnesses or cctv nowadays no matter if I have photos and illustrative scenarios on google maps ruling out all ridiculous possibilities?

Undertaking cars is not illegal?

Quentin

bery_451 wrote: »

I like to know how do I request cctv from the buildings covering that street?

So insurers will only do 50/50 liability for all cases unless there's witnesses or cctv nowadays no matter if I have photos and illustrative scenarios on google maps ruling out all ridiculous possibilities?

Undertaking cars is not illegal?

You can ask the residents if they have any cctv!


Make sure your insurer is aware of the circs - though as you aren't claiming off them you don't need to bother until they get a claim off the other side.

DavidFx

So you were travelling down Great Barr Street and turning left into Glover Street and the car tried to undertake you? There's no room to do this unless they were prepared to drive over the pavement. There would be room to undertake if you were stationary in the centre of the junction - i.e if you were turning right into Montague Street