Hit from behind, 3rd party insurer not settling claim

kitty5

My son is a named driver on my policy. A car hit him from behind, the driver accepted liability at the scene and photos of the damage to both vehicles were taken and he took his name and address. We contacted my insurer who assured as as it was a hit from behind it was highly likely that the claim would be settled by his insurer. The repairs were carried out and we have now received a letter from the insurer stating that they have been unable to settle the claim and may need more evidence. I feel it’s very likely they will settle for 50/50. 

Is there any more action I can take to ensure my insurer persists with this. 

DullGreyGuy

kitty5 said:

My son is a named driver on my policy. A car hit him from behind, the driver accepted liability at the scene and photos of the damage to both vehicles were taken and he took his name and address. We contacted my insurer who assured as as it was a hit from behind it was highly likely that the claim would be settled by his insurer. The repairs were carried out and we have now received a letter from the insurer stating that they have been unable to settle the claim and may need more evidence. I feel it’s very likely they will settle for 50/50. 

Is there any more action I can take to ensure my insurer persists with this. 

Your insurers are legally allowed to settle the claim however they see fit. 

An insurer typically wouldn't just roll over and suggest or accept a 50/50 on a rear ending. What are the grounds the third party insurer are putting forward for denying the claim? Without knowing that it's hard to say what more could be done nor what the likely outcome is. 

You say you got his name and address but did you get his vehicle registration and insurance details? 

Mark_d

Your insurance contract likely states that it's their decision on how they want to settle the claim.  However you could ask them why they'd think it might need to be 50:50.  You can ask about how your NCD discount would be affected and how your insurance premiums would likely be affected.

Did you son get the details of a witness to the accident, or have any dashcam footage?  The idea that a 50:50 settlement is being considered suggests the your son may have cut in front of the other driver and braked, meaning that your son is partly responsible for causing the accident.

kitty5

Thank you for your replies.
unfortunately there were no witnesses or dash cam footage ( absolutely getting one now ). 
My son took his registration details and insurance details. 

We will call tomorrow to try to get to the bottom of why they have not been able to settle the claim so far and give an Update. Thank you 

penners324

Possible the other party's insurance company is refusing to pay because the driver admitted liability.

Aretnap

penners324 said:

Possible the other party's insurance company is refusing to pay because the driver admitted liability.

How would that work then?

cw8825

maybe its less straightforward than  'hit from behind'

DullGreyGuy

cw8825 said:

maybe its less straightforward than  'hit from behind'

There are dozens of possibilities, until the op clarifies the issue speculation is a bit pointless. 

kitty5

Just to add more detail to “ hit from behind”. 

My son was driving along a single carriage road. As he approached a roundabout he gave way to traffic and the car behind hit him. 

Thanks for your replies so far. I am going to call my insurance later this afternoon