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50/50 Split Liability in Motor Accident

Recently I was driving out of a car space. A driver who was double parked in front on me suddenly decided to reverse She reversed at speed and hit me when I was driving out of a car space. I got the CCTV of the accident myself and forwarded it to my insurers. In spite of the CCTV the other drivers insurance was not accepting liability or replying. I was told I had Legal Protection on my policy and the case was given over to the Solicitor. Now the company has come back and offered me 50/50 split liability and the solicitor is advising me to take it. I am quite angry as I was driving out of the space and she was double parked waiting for a space and when it was not available she reversed with looking and at speed. With this clearly showing on CCTV and everyone who looks at it says it is a clear cut case that the other driver was at fault the insurers and my solicitor want to go 50/50. Even though I have no claims and I am not worried about the excess I am angry as it was not my fault and I would have had to be a mind reader to avoid this accident. Does anyone know what I can do if split liability is the final offer. I do not want to take it.

Comments

  • Stoke
    Stoke Posts: 3,182 Forumite
    Bad luck I'm afraid. I recently was on the side of a 50/50 where I am almost certain that I was more at fault. Ultimately the two insurance companies couldn't agree and it went 50/50. Just bad luck.

    Really sorry, it's not the answer you want, but it's reality.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Were you moving when the two cars hit each other?
  • Quentin
    Quentin Posts: 40,405 Forumite
    When you take out insurance you agree to the TS and CS which will allow the insurer to deal with claims as they think fit

    But whenever you are unhappy with your insurer the route to go down is a complaint in line with their complaints procedure.

    Then if you are unhappy with the response or they ignore you for 8 weeks you can escalate to the FOS for their adjudication at no cost to you.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Insurance have seen the video. We haven't.

    I'm not going to second-guess in those circumstances.
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