Insurers saying possible 50/50, but definitely not at fault.

Daddio70

My wife was driving along a main road and started indicating left but then changed her mind and carried on. As she got level with the side road on the left a van that was waiting to pull out suddenly sped forward into the back passenger side of my wife's car at such a force that it nudged the car sideways into the middle of the road. My wife was actually going fairly slow at the time as their was a queue of cars just ahead.
My wife unfortunately has no witnesses but the insurance company have said that he has a witness, which sounds a bit suspicious.
The latest we have heard from our insurance company, 17 months later, is that the outcome will likely be 50/50.
Our insurance company have said they have run out of funds on the case? I do not think this is right as the other driver hit our car whilst entering a main road from a side road. Surely he is in the wrong.
Is there any way we can dispute the 50/50 and take it further, even to court if necessary.

agrinnall

I you want to throw many away you can take pretty much anything to court, but I very much doubt if it'll end up with anything different to 50/50.

keith1950

Let's face it....the accident wouldn't have happened if your wife hadn't initially signalled left !

Daddio70

Thankyou for those words of wisdom.

Browntoa

Without witnesses or dash cam footage then 50/50 is the best you can achieve

Thrugelmir

Daddio70 wrote: »

My wife was driving along a main road and started indicating left but then changed her mind and carried on.

Is this her version of events to the insurance company?

csgohan4

OP is lucky wife is not being pursued for 100% of costs, you do not signal left and then go ahead at a junction,

Get a dashcam, very cheap now a days

Daddio70

She actually cancelled the signal when she changed her mind.

csgohan4

Daddio70 wrote: »

She actually cancelled the signal when she changed her mind.

From the insurers point of view her word against the third party, which is why 50/50 is the best outcome, Dash cam is the best in helping you reduce liability, not 100% but helps alot as you can't argue with footage

Daddio70

But she's actually got photos of the position of the van onto the side of the car directly after the incident. Showing him as pulled out of the side road and the distance he'd shunted the car.

csgohan4

As quentin would say:

Whenever you are not happy with your insurance company the route to go down is a complaint in line with their complaints procedure.

If you are not happy with the reply or they ignore you for 8 weeks you can escalate to the FOS for their adjudication at no cost to you