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50/50 liabilty offer- refuse or accept

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245

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  • Dandytf
    Dandytf Posts: 5,073 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I went with the 'we buy any car' quote and subscribed to parkers after the accident

    I accepeted my insurance offfer as inthought it was resonable at the time- covered last 18 months finance and left enough for a small deposit on my current car.

    The car in accident was only 28k approx serviced yearly at a dealership.
    Excellent conditon.
    Replenished CRA Reports.2020 Nissan Leaf 128-149 miles top charge. Savings depleted. VM Stream tv M250 Volted to M350 then M500 since returned to 1gb
  • tberry6686
    tberry6686 Posts: 1,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lluzers wrote: »
    Get one of your friends to write you a written conditional offer for the car , that you were going to exchange that weekend for £2k+, but the accident happened in the meantime .It might help prevent the third party insurance from screwing you.They might settle.

    Yeah, cause lying is the best way to get a good outcome with no risk.
    :naughty:
  • Strider590
    Strider590 Posts: 11,874 Forumite
    There are lot's of circumstances where this could go 50/50, especially if for example it was a merge point and OP did not allow "merge in turn" (as per highway code), or OP was racing ahead to stop someone changing lanes.

    This is why the insurance companies are trying to push this for 50/50.
    Without solid evidence I would say it's unlikely to go in favour of OP.
    “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 \/ \/ \/
  • lluzers wrote: »
    Get one of your friends to write you a written conditional offer for the car , that you were going to exchange that weekend for £2k+, but the accident happened in the meantime .It might help prevent the third party insurance from screwing you.They might settle.

    So you're advocating perjury now?

    A few days ago you were a legal expert, now you're encouraging fraud. Well done.

    If I didn't know better I'd think we'd come across you before in an AE.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP do you know what the other party are alleging happened?

    If for example they're alleging you crossed into their lane, it should be an easy one to dispute. If you were (for example) in the left lane, they were to the right of you and crossed into your lane, I'd expect you to have hit the wall on your left. While if you had crossed into theirs, they would have went into whatever was to the right.

    In my experience, insurance companies tend to want to settle as fast as possible. They're not interested in helping you fight a claim however if you do the legwork, they'll be quite happy to use your efforts to avoid having to pay out.

    It doesn't need to be dashcam footage or witnesses though. Sometimes the layout of the road can help prove the other party are lying, just sometimes it requires a bit of "out of the box" type thinking.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    Get a map off Google ( or other on-line mapping company ) and mark out ( perhaps with coloured rectangles and stop-go photographs ) what you think happened. Imagine a helicopter surveillance film of the incident. That may help to show better any reason why the other driver might have crossed into your lane. Get any signage, which might explain them ( wrongly ) thinking it was their right of way.

    Did the other driver explain how it happened ? They didn't see you, it was raining etc. Anything you can do to support their initial confession, might help.
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    Going to court is like buying a lottery ticket.
    Except that at least with a lottery ticket, you know its random.:)
  • lluzers
    lluzers Posts: 133 Forumite
    I think this is 50/50 from how the insurers expect to fight in court .It might go like this

    From the first post , both cars were moving , OP should have anticipated , MAYBE HE WAS DRIVING TOO FAST AND RECKLESSLY , to be able to avoid the accident.The OP did not see the other car until the last minute , because he was not paying attention.Was there any damage to the third party ?If none , how can one prove the negligence.Third party can say ,they did nothing wrong .Do you have any written text exchanges or written admission of liability?

    Did you see the other driver before the accident , did you see their vehicle?

    Your own insurers may have detailed a report , it may show other damage .the other insurers can put £14,000 in court , the judges may not award anymore.

    I think , the insurers think they can get away with 50/50 , that they should not be totally liable.I think the 50/50 is more to do with liability , or they can get a case dismissal.

    Is there any NCB protection?How much do you lose?

    As regards valuation ,you may have a recent garage booking form , with the condition of the car.

    If I was a judge , my personal bias would be against the OP, my mileage across U K roads is over 1m miles , I would give 50/50.I have never crashed cars that badly , so I suspect OP is partly responsible.I have seen 3 or 4 real lucky escapes in about 30 years , this happens partly when people are speeding .

    Sorry to be negative , just trying to open a different view , so you know it may go this way.

    It can also happen as per the OP.
  • lluzers
    lluzers Posts: 133 Forumite
    So you're advocating perjury now?

    A few days ago you were a legal expert, now you're encouraging fraud. Well done.

    If I didn't know better I'd think we'd come across you before in an AE.

    The U K would have to build rooms for a million more prisoners ,if they enforced it.I have seen judges ignore lies in a court and some are too old and deaf and too daft to even notice.

    BTW I would rather , he did it all honestly.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    lluzers wrote: »
    Get one of your friends to write you a written conditional offer for the car , that you were going to exchange that weekend for £2k+, but the accident happened in the meantime .It might help prevent the third party insurance from screwing you.They might settle.

    What was it you stated on a different thread?
    lluzers wrote: »
    never let stupid people drag you to their level.:rotfl:

    Would those "stupid people" include someone who thinks advising another person to commit perjury is a sensible idea?
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