Should i accept 50/50 or go to court?

astonsmummy

taxi97w wrote: »

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.

Of course it matters whos fault it is,. what a strange thing to say.
Me claiming comp is irrelevant, i would get 50% of any compensation awarded, really it's not up to me to decide whether it is adequate or not.

astonsmummy

mattymoo wrote: »

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?

Well i gave clear concise diagram and statement of incident according to my insurers, i know what i have said is true and would have no problems talking the truth and answering any questions.

jarrod1

As there were no witnesses i would have to say that you would have a hard time getting anything better than 50/50. I hit a car that was reversing on a bridge as they had driven past their turn off. The car in front of me swerved at the last minute and took the off ramp and kept going and i had nowhere to go but into the back of the reversing car. i was in the car by myself and the car i hit had 4 people in it who all lied and said that i had hit them when they were slowing down for the lights ahead. When the police arrived they automatically put the blame on me as i had struck them from behind.
My insurance was due in two weeks and it went up by £600.

tsstss7

astonsmummy wrote: »

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?

Has your insurance co advised you to go for it? Do you have legal cover on you ins cover? If so I would be inclined to take it further unless you really don't want to - I'm pretty sure however that this claim will affect your insurance at renewal whatever the outcome - although maybe less so if you are found not to be at fault.

You could check with your ins agent or do a confused.com type estimate plugging in the 50/50 or 100% your fault senario to check but I imagine that there would be very little difference between them. (and wouldn't both senarios lose you 2 yrs no claims also).

astonsmummy

The insurance co said that becaue i've got a PI claim going i needed to spek to the solicitors (provided by my legal cover) i spoke to them and they say that if they think it should go to court they have to ask my insurers to fund it. So ultimately it's donw to them.
The man i spoke to yesterday from my insurance basically said that in his opinion there is no way of knowing who was at fault as both accounts could be true, so maybe they wont fund anyway and just go for 50/50.
I'll try that with confused and see what happens.

taxi97w

astonsmummy wrote: »

Of course it matters whos fault it is,. what a strange thing to say.
Me claiming comp is irrelevant, i would get 50% of any compensation awarded, really it's not up to me to decide whether it is adequate or not.

You pay insurance for the precise reason that you may, in a time of an accident/emergency, need compensation- that's what insurance is for!!

Quite frankly with your uneducated analysis of the situation, you're going to get walked all over.

You're just interested in tit for tat, and that aint gonna get you anywhere.

astonsmummy

taxi97w wrote: »

You pay insurance for the precise reason that you may, in a time of an accident/emergency, need compensation- that's what insurance is for!!

Quite frankly with your uneducated analysis of the situation, you're going to get walked all over.

You're just interested in tit for tat, and that aint gonna get you anywhere.

Yes i know that is why i pay insurance, but you are the one who said it doesnt matter whos fault it is
I dont work in insurance so yes i'm uneducated on the matter, hence my reason for posting on here to try and get some constructive advice.
Tit for tat? the psyco tried to run me off the road thank you very much, nothing about tit for tat.
Quite frankly. pi$$ off.

raskazz

taxi97w wrote: »

I'm afraid I cannot help you obtain more brain cells to deal with this complication of yours.

There really isn't any need for this attitude.

taxi97w

raskazz wrote: »

There really isn't any need for this attitude.

Ah, but there really is.:rolleyes:

astonsmummy

taxi97w wrote: »

I have given you constructive advise. If you can't read or understand it, I'm afraid I cannot help you obtain more brain cells to deal with this complication of yours.
If the other driver is a pscho, I suggest you contact the police not the insurance company.
What do you want, compensation or a custodial sentence for the bloke?

Efin dumbass

My god, you are a spanner!
Maybe if you asked me to elaborate on the situation you would of known i had already phoned 999 instantly after the incident, i was too scared to get out of my car but they said it was an insurance matter.
What i want is to not be blamed for something i havent done, it's not hard to understand that is it mr IQ

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.

How is that constructive? telling me what the question is? i wasnt asking about money or comensation brains.
I was asking what happens in the court process, IE do they decide one way or another or can they also decide 50/50 infact here you go these are the questions i asked

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 may be a dumbass as you put it but at least i'm not a patronising !!!!!!, who claims to be clever and really acts like a school child :rolleyes:
So i'll say it again.
Pi$$ off.