Should i accept 50/50 or go to court?

astonsmummy

Hi
I had a crash 2 months ago whi wasnt my fault, the 3rd part is trying to blame me, by saying i switched lanes unsafely, when in actual fact i was in the same lane the whole time and the 3rd party undertook me and stopped infront of me causing me to rear end him (he hit my rear and passenger wing whilst trying to undertake me)

My insurers have said that the vehicle damage could be consistent for both accounts of the insident and have told me to inform my solicitors, they said once they recevie the letter from 3rd party they will review and possibly go to court, but they have to get permission from my insurance to do so.
Basically as there were no witnesses it's my word against his.
So i was wondering, if it goes to court will it only be decided it's one or the others fault or can they decide 50/50.

I was wondering wether it's worth going to court if i'm not guarunteed to win, or should i just accept the 50/50 and run, i really dont want to do this as i am seething at the thought of taking the blame for something i havent done.
But if it goes to court and they side with him i'll be stuck with higher premiums and wont be able to claim any of my losses back.

Anyone got any exerience with this procedures?

sandieb

Someone drove into me as I was starting to reverse from a car park space. I had independent witnesses who said it was the other lady's fault due to the speed at which she was reversing.

This ended up being regarded as 50/50 insurance-wise in spite of having witnesses!

astonsmummy

did your premiums increase much?

sandieb

No - they didn't seem to.

I'm still annoyed by the fact I was deemed also to be at fault - particularly by a snotty girl at the insurance company!

astonsmummy

It's all so frustrating isnt it.
I have been off work nearly 2 months, and the whole saga is really getting me down, i'm tempted to just take the 50/50 for an easy life, i dont know if i have the sanity to hold out and go to court.

mattymoo

In court, (see below) the matter is decided "on the balance of probabilities". If you put a numerical figure on this, you have to prove >=51% that the other guy was to blame in order to win.

A lot will depend on credibility of the parties involved. I seem to recall the other chap initiated a road rage type incident just prior to the accident. Do you feel he would be credible? Are you?

I say in court but I would fully expect the insurers will not back the legal costs for it to go this far. Insurers and legal expenses providers are largely unwilling to take anything to court unless they have a sure fire chance of winning. The costs involved can be pretty large.

astonsmummy

So by that i can assume it wont go to court as there is really no way of determining blame.
What do you mean by credible?

mightymouse

Hi

If there are any uninsured losses (excess, other costs etc) then I would run it through the small claims court for a judge to look at the parties involved and make a decision to determine liability.

This should be accepted by your insurer as evidence of who was to blame and by how much.

Do not worry if the third party is responsible a Judge will see that quick enough.

mattymoo

astonsmummy wrote: »

So by that i can assume it wont go to court as there is really no way of determining blame.
What do you mean by credible?

Credible = clear, concise statement of your case. Good recollection of the events.

The opposite would be someone ranting, emotional, threatening, unable to recollect facts, vague answers etc.

Which category would you fit in? Which would he fit in?

taxi97w

Does it matter who's fault it is?

You are claiming compensation for your injuries, time off work etc.

The question is: how much will you get in the 50/50 scenario, and do you feel that is adequate?

If it is, there's no need to go to court.

mattymoo

taxi97w wrote: »

Does it matter who's fault it is?

The OP has posted about this incident in 2 or 3 threads so the full picture is not in this thread. Basically it was a road rage incident iirc.
A good case for sticking to your guns I think.