Car Insurance Issue

Oneofthosedays73 · 20 April 2018 at 2:01PM

Just over a month ago I was hit from behind at a roundabout. I took their details and took pictures.

This week I have been contacted by the insurer to say that they want to go for 50/50 as there is no proof that I didn't reverse into the other car!!! The other driver is insured by the same insurance company so I'm sure this is why they want to go down this route.

I'm not prepared to take this sitting down as I was 100% not at fault and stationary when the car hit and the car behind was clearly not concentrating as it was a dry day.

Is the best course of action a lawyer or is the financial ombudsman worth pursuing?

Thanks

paddyandstumpy · 20 April 2018 at 3:14PM

Unless you've got an independent wtiness then it's a case of "he said"/"she said" and would likely be settled 50/50.

You're free to raise a formal complaint with the insurer and if they don't respond within 8 weeks or you don't like their response you can escalate to the FOS for adjudication at no cost to yourself.

Whilst you might not like the decision the insurer has the right to settle claims as they see fit.

FutureGirl · 20 April 2018 at 7:43PM

The other driver has probably said that you reversed, hence why the insurer is saying this to you. In this instance, they are correct that 50/50 would be correct - unless you have proof to show your version is correct.

If the other driver had admitted liability, then the person dealing with the claim his end would have just admitted liability.

It's likely that the insurer has 1 person dealing with your claim, and 1 person dealing with the others persons claim - and will likely be based in different offices to avoid conflict of interest. That is how we do it.

You can instruct a solicitor, but you'd still get the same 50/50 outcome unless you have proof... as well as a big legal bill probably.

Rest001 · 20 April 2018 at 8:26PM

Prove it.
Unfortunately that's the only way you will get out of this as a 50/50.
Insurers have to look at what they can actually prove.
I would imagine that a Solicitor will tell you the same.

Take this as a lesson and invest in a dash cam (front and rear) for future - hopefully you will never need it!

Car Insurance Issue

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