80/20 split car accident

GDJTAM

Looking for help from MSE's that have experience of what my daughter is currently going through.

She had an accident January 2019. A motor cyclist overtook a car turning left, my daughter was 'flashed on' to turn right out of the road the car turning left wanted to enter. This is a tight road so this is the 'given' practice. My daughter was in the correct lane at the time the bike overtook the car turning left due to the bike having to enter the oncoming traffic lane to pass. They were also overtaking in a Pelican crossing area. Thankfully my daughter has witnesses and a dash cam to back this up. She was insured with Admiral and the other party is Adrian Flux. Thinking Admiral is a big name and would deal with this matter promptly, I could not be so wrong!

Issues we have which I would like advice on is:

Admiral have said that, at the moment the other party have accepted 80% liability so Admiral may take them to court, no decision made as yet? My daughter lost her £750 excess so if it remains as a 80/20 split, would she get 80% of her excess back?

Secondly, at the time she had 2 years 11 months NCB. she lost that following the accident. With a 80/20 split how would that affect her lost NCB, if at all?

Aylesbury_Duck

I don't think the amount of the split matters to the NCD. It's a claim for which she is partially responsible so I think that means her NCD remains lost.

Not sure about the rules about the excess but my hunch would be that both parties pay out full excess.

facade

She should be able to claim 80% of her excess from the other party. (Admiral likely won't bother, they just shrug and point you to the expensive Legal Cover that you bought, or didn't )


I think 80:20 is a good result tbh, the 'bike overtook in a dangerous place, but no doubt when he committed to the overtake the road was clear, daughter emerged from a junction onto a road that wasn't clear.

Car_54

What do you thik Admiral should have done differently?

Aretnap

Aylesbury_Duck wrote: »

Not sure about the rules about the excess but my hunch would be that both parties pay out full excess.

Your hunch is incorrect - she can claim 80% of her uninsured losses from the other party - that includes her excess. The motorcyclist meanwhile can claim 20% of his excess, and 20% of any other uninsured losses (eg personal injury, the costs of any clothes, helmet or other property which was damaged).

No claims bonus will be affected the same if she has any responsibility for the claim, whether it is 1% fault or 100% fault. She could potentially "buy it back" by repaying Admiral whatever they end up paying out; if it's a fairly small claim then 20% of it might be worth it for her NCD. See what difference the lost ncd would make to her premium and do the maths.

I tend to agree that if she pulled out into a road that wasn't clear then 80/20 is probably not a bad result; it's the responsibility of the driver pulling out to ensure that the road is clear rather than relying on a flash from another driver.

GDJTAM

facade wrote: »

She should be able to claim 80% of her excess from the other party. (Admiral likely won't bother, they just shrug and point you to the expensive Legal Cover that you bought, or didn't )


I think 80:20 is a good result tbh, the 'bike overtook in a dangerous place, but no doubt when he committed to the overtake the road was clear, daughter emerged from a junction onto a road that wasn't clear.

Thank you for your assumptions but the video footage, Admiral and witnesses have a clearer understanding.

GDJTAM

Car_54 wrote: »

What do you thik Admiral should have done differently?

RE 80/20 split.

I would like an answer to A) What happens to the excess and The NCB

Not sure why you asked a silly question!

SHAFT

GDJTAM wrote: »

RE 80/20 split.

I would like an answer to A) What happens to the excess and The NCB

Not sure why you asked a silly question!

Not sure about the excess but the no claims will be lost as not all costs have been recovered.

jimbo6977

I would like an answer to A) What happens to the excess and The NCB

A) Your daughter can reclaim 80% of it from the other party (or more likely the other party's insurers)

It is lost in its entirety.

That is all.

Car_54

GDJTAM wrote: »

RE 80/20 split.

I would like an answer to A) What happens to the excess and The NCB

Not sure why you asked a silly question!

You said: "Thinking Admiral is a big name and would deal with this matter promptly, I could not be so wrong!"


I asked "What do you think Admiral should have done differently?"


I'm not sure why you think that's a silly question (and you haven't answered). It's not up to Admiral alone to resolve matters - there are other parties involved.

z1a

Biker has a death wish if he overtakes at a junction.