My Insurance wants to accept 50 - 50 offer.

Wekeen

Hello everyone,


I would like to hear opinions on the situation... this is where the accident happened:

goo.gl/maps/DYjcZJQTtHRKFdQQ7


There is always a long line of cars to turn right and as the traffic lights turned green I proceeded towards the middle lane which goes streight ahead and just as I was about to cross the keep clear road markings someone went in front of me trying to make a right turn (right where is says keep clear on the road surface). I did not have time to even apply the brakes. Here is another view of the road:


goo.gl/maps/jjQXBDfGvXGwwhfH6


I was sure I was not at fault as other driver was making a right turn... I had a witness ( the car behind me) but the 3rd party's legal team has asked him very precise questions to make him say that i was making a new lane and they say because of that I should have been more careful and it is 50-50. My insurance says that they will accept it as their legal team agrees it is 50-50.



If this case is 50-50 no wonder insurances offer 50 - 50 all the time. They can make you look at fault even if there is little they can go by. At the traffic lights ( just passed the "Keep Clear" markings) there are 3 lanes. One turns left, one goes streight and one goes right. So everyone who is not turning right proceeds towards the appropriate lane. Maybe it can be seen as "making a new lane" but how can I be at fault when the accident happened at the "keep clear" road markings just before the other 2 lanes start. I was not speeding. I would say no more than 20mph. (on a 30mph road).



Thanks in advance for your time.


EDIT: The other party was travelling in the opposite direction. The line of traffic turning right must have let him go as they need to wait anyways. He was trying to make a U-turn. I hit him near the front tyre. (to the side as he just went in front of me with no time to react).

kelevraz

You can always complain and take it to the FOS

In reality, MOST of the time, when an insurer is talking about a 50/50 split, its because they think thats the most likely outcome if the case went all the way and ended up in-front of a judge.

If you have legal expenses cover, you always have the option to use it to fight this in court

Just remember though, whether its a 50/50 split, or a 99/1 split, if any liability is accepted on your behalf, it still becomes a fault claim for you

forgotmyname

Not enough info.

Were they turning out of the centre carpark in the keep clear zone?

Were they stationery and you hit the side of them? Or you both went for a gap that the other person took?

Without further proof you probably wont do any better.

Quentin

When you take out an insurance policy you agree that the insurer can deal with claims as they think fit (though of course they must treat you fairly and complain if you feel they haven't)

Assuming that this ends up 50/50 you will be able to get 50% of your uninsured losses reimbursed by the third party insurer (eg excess/car hire/loss of earnings)

If you have legal cover with your policy you can use that to pursue this for you or DIY

(Though the advice that if you have legal cover you can use it to fight liability in court is incorrect. That isn't included in the cover provided by legal cover add on - it's for uninsured loss recovery)

Wekeen

The other party was travelling in the opposite direction. The line of traffic turning right must have let him go as they need to wait anyways. He was trying to make a U-turn. I hit him near the front tyre. (to the side as he just went in front of me with no time to react).