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Car accident - 50/50 when not your fault - advice please..
Janbee
Posts: 1 Newbie
Hi everyone,
My niece was involved in an accident on a country lane, she stopped to allow a car travelling towards her to move into a lay by, he didn't stop - he was on his phone and drove her car back down the road. Her car is a right off - fiesta versus BMW.
He got out of the car, she was nervous, so starting to record conversations, she was on her own and he had a passenger. He apologised, said it was 100% his fault, asked her to get her car repaired privately and not to go through insurance. She took loads of photos, showing skid marks / road lay out etc. from the start the insurance wanted to go 50/50. He is anoyed she wouldn't go private and is now claiming she failed to stop in her layby - there was not a layby on her side but one on his - she has the recording, the photos, and the texts asking her to go private but still the insurance want a 50/50 if possible as he is threatening to put in a claim. - she is young, working part time/self employed, with a small child and money is tight, she is also suffering whiplash but feeling pressured into agreeing............... So - can she stand her ground with the evidence she has or will the insurance company agree it without her? She has not got legal assistance......... ...thanks Jan
My niece was involved in an accident on a country lane, she stopped to allow a car travelling towards her to move into a lay by, he didn't stop - he was on his phone and drove her car back down the road. Her car is a right off - fiesta versus BMW.
He got out of the car, she was nervous, so starting to record conversations, she was on her own and he had a passenger. He apologised, said it was 100% his fault, asked her to get her car repaired privately and not to go through insurance. She took loads of photos, showing skid marks / road lay out etc. from the start the insurance wanted to go 50/50. He is anoyed she wouldn't go private and is now claiming she failed to stop in her layby - there was not a layby on her side but one on his - she has the recording, the photos, and the texts asking her to go private but still the insurance want a 50/50 if possible as he is threatening to put in a claim. - she is young, working part time/self employed, with a small child and money is tight, she is also suffering whiplash but feeling pressured into agreeing............... So - can she stand her ground with the evidence she has or will the insurance company agree it without her? She has not got legal assistance......... ...thanks Jan
0
Comments
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Roadside admissions of liability don't count for much.
The insurers decide liability not the policyholders (insurance policies forbid you to admit liability)
She should of course stand her ground though ultimately the insurer decides liability.
She should contact an injury compensation solicitors to see if they will take her on regards her whiplash0
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