My car insurer not pursuing 3rd party for liability

splinternet

My car was hit by another car being driven recklessly.  My car was stationary at the time and perfectly legally positioned.  I cannot think of a more fitting scenario for liability to be placed 100% on the third party.

But wait.   The other driver is not admitting liability and my insurance company is rolling over and taking a 50:50 view.   I have told them this is ridiculous and I want them to get legal with the other party if necessary.  If they continue to press me to accept the 50:50 view, what options are open to me by way of escalation?

user1977

What's the other driver's version of events? Is there any evidence (other than your own statement) for you being stationary and "perfectly legally positioned" at the time?

TELLIT01

There is a difference between you saying you were stationery etc, and being able to prove it.  If the other driver is blaming you, and there is no independent witness to the event, the insurer will go the 50/50 route.

splinternet

The other driver's version of events hasn't been shared with me yet.  No, there is no evidence for me being stationary and legally positioned.   The collision took place on a narrow, blind 90-degree bend in a semi-rural lane.  I've driven along there at random times over the last 35 years and also know it well from cycling.  Everyone in my experience slows right down to a crawl and that way, cars can avoid each other.  In this instance, I crawled up to the bend as usual, hugging the left hand side of the road, when I saw this pick-up truck coming round at speed.  I jammed on the brakes and stopped, but he was going too fast to take evasive action and hit my rear offside door and wing.  His first words were "I'm late getting my son to school" by way of explanation/excuse/apology - call it what you will.   He was in effect an accident waiting to happen.   I had a passenger in the front seat but he is ruled out as being an independent witness.   Annoyingly, I don't have a dashcam in this car;   however, I do in my other car and drove around this bend later to show the location.  As luck would have it, an Audi Q8 came round the corner just as I reached the same position as before, this was being driven with due care and attention and we passed each other safely.

Brie

unfortunately it will be your word against the other driver's.  There will be no proof that you were stationary and unless you took photos immediately after that accident there is no proof that you were properly positioned in the road.  Sad but it sounds like it will be 50/50.

chrisw

Unfortunately without any evidence, it really is your word against his. If he says you were on his side of the road there is little you can do.

Dashcam evidence would have been ideal.

splinternet

chrisw said:

Unfortunately without any evidence, it really is your word against his. If he says you were on his side of the road there is little you can do.

Dashcam evidence would have been ideal.

As far as I'm aware, he hasn't said I was on his side of the road.  If he had taken the bend at the speed it requires, it wouldn't have mattered what side of the road I was on as he should have been able to stop in any event.

Given that the insurance companies seem to be in a 50:50 "easy way out" pact, plus the replies above, I would like to refer back to my original question - what options are open to me to take this further?   Small claims court, for example?

TELLIT01

Realistically?  None.  You have no evidence that the other party was at fault.  In this instance it isn't a case of the insurers taking the easy way out, they have no other option.

Aretnap

When you take out an insurance policy, you agree to allow your insurance company to settle claims with third parties as they see fit. It is after all their money that they are paying out, not yours. So you are not in a strong position here.

If you think the insurer has treated you unfairly you can make a formal complaint through their complaints process, and if you are still unhappy you can complain to the Financial Ombudsman. However the Ombudsman is only going to check that the insurance company has treated you fairly and acted reasonably - they are not going to force the insurer to pursue a doomed legal case just because you are not happy with the outcome.

If it was a collision on a blind bend, you and the other driver have given very different accounts of the incident, and there is no conclusive evidence to back up one account or another, then it is very likely that the Ombudsman would find that your insurer has acted reasonably.

[Deleted User]

Buy a dashcam and consider this a very expensive life lesson.

Sandtree

You need to ask your insurers for the third party's version of events... its likely they are simply saying both vehicles were still moving and therefore its a true 50/50 situation.

Without evidence the insurers will see it as a role of the dice. The case will go to the Small Track where legal costs are excluded and so even if they win they end up stumping up for a solicitor or barrister and the judge may well decide he doesn't believe your story.

Your insurance allows your insurers to settle the case as they see fit. In some cases an insurer can be convinced to take another path or even allow their insured to take their own action however that's under the understanding that if they get a worse result than the insurer is proposing then they will be personally liable for the additional cost.