Will I have to accept 50/50 liability for car 'incident' that wasn't my fault?

totalsolutions

This looks easy..

Is she claiming any damages from you ..... why not? You were driving so fast and you skidded into her..NOT

Look at the dent in your car ...Could you have done that by slewing into her...NO You were stationary at the time and the dent will show this by scratch lines running ALONG your car...NO

You were tooting your horn and she could not hear that she said "I was looking at that car over there". Clearly not taking "Due Care and Attention"

She was reversing out of a parking space what if there was a mother/small child crossing !.........

We should all park better to move out of the space with a clear view, that's more important than getting the shopping in the back of the car.

Regardless, if you were parked, filling your boot, had stalled or left your car in that spot on the road, she still drove into you because she did not have a clear view looking, over her shoulder?, for you behind her whilst reversing out into a busy road way.

Looking at your place on the road at the time of the accident who was there first You were so you get priority. As she was parked next to you she must have seen you getting into your car, heard it start up and be aware of you leaving...is she blind as well as deaf?
QED

V_tricky

Hi,

Just to reitterate what mattymoo has said - it shouldn't matter to the other person whether this is settled 50/50 or 100% at fault as her own insurance will disallow her NCD just the same.

As to whether your insurer will risk the costs of a hearing, that largely depends...

If they do agree then what they will do is agree between themselves and the other insurer to keep their outlays out of proceedings (in an effort to reduce costs - this used to be called Agreeing the Memorandum of Understanding) and issue just for your policy excess (I presume that your excess was below the £250 repair costs).

They may do this because they may have agreements with their own panel solicitors on costs, and so they are actually risking very little, and for the potential kudos of giving your your satisfaction of your day in court, then may be worth the risk - particularly if you come across on the phone as if you would make a good witness. Customer service is a big thing in such a competitive market, and if they reject this request then they know that you are more than likely to look elsewhere for insurance next year. And tell all your friends how rubbish they were.

Another option if they do refuse to fund such action is to get their solcitors to send a Letter Before Action to the third party directly & their insurer, asking the insurer whether their client has confirmed that they will be prepared to attend Court.

Essentially this is a bit like playing chicken - but quite common - some people are happy to give a load of ol' BS to their insurer, but not quite so happy to perjure themselves in Court into the bargain, and if the third party does not confirm they're willing to attend, then their insurer will have no other option but to settle in your favour.

Another consideration is for such a measly amount, would the third party be prepared to attend? To get back half their own excess? Probably not, which is why such a robust and tenacious response needs to be made here.

Keep on at your insurance company and let them know that you are happy to attend Court, and ask them or their solicitors to send a Letter Before Action letter to the third party & their insurance company.


PS - Also, the Court will listen to your husband's statement too - although of course as he's not independent they wont weight his statement as highly as if he was.
Hope this helps

SkintMonkey

Thanks again guys, much appreciated! :beer:

totalsolutions

Bump

Have you written to the insurance team yet with any of the suggested angles I gave you or did you not read it?

SkintMonkey

totalsolutions wrote: »

Bump

Have you written to the insurance team yet with any of the suggested angles I gave you or did you not read it?

Err, did read it thanks. Decided to wait and see what her written account is and what her diagram looks like before I take the next step.

totalsolutions

Hi SM
Did you know that the aerial photos taken by planes/satellites give very good images of the UK. Locate your supermarket on the map and will save you having to draw it out and will give you a good birdeye view and details of the parking area, you cannot go wrong then. www.google.co.uk click maps then enter your post code or street.

HTH

Tori_Bellatrix

SkintMonkey wrote: »

I've just looked her on the internet and she is very close by - she runs a large guest house in the area. We only gave her our insurance company name, my name, car reg and phone number (not address) and she wouldn't be able to look us up as we are ex directory.

I'll wait and see what the diagram and her statement looks like and then I may seriously look at sending her a letter - possibly directly or via the insurance company.

It is one thing not accepting that it is your fault, I know the golden rule is not to say out loud to the other party 'sorry, my fault', BUT to actually lie about what happened is simply outrageous.

It happens ... and frequently. Last August I had a head on collision with a lorry (the lorry being at fault pulling out of the side road whilst I was a major road). To begin with the other side denied all liability saying that I have 'driven' into the lorry (as you do!) ... I simply couldn't believe it - it was clearly the lorry drivers fault both morally and technically. All the pain, suffering and inconvenience I had had didn't seem to matter ....

However, towards the end of last year they decided that they were no longer going to fight liability and my claim seems to be progressing fully smoothly at the moment ...sometimes it just takes time (and the threat of legal action!)

jockettuk

stick a disposable camera in the car and take photos of all the situation does wonders for liars .. friends did this when something similar happened to them the bloke got out and told them its there fault so they got the camera out took pics of all the situation and then took one of him as well lol funnily he didnt say it was there fault when the insurance companies got involved..