50/50 insurnace claim
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Discussion

Brandonflowers123

Original Poster:

243 posts

123 months

Thursday 29th September 2016
quotequote all
Hi,

I was involved in a car crash last year.

I was stationary in my car, on the side of the road, a guy pulls in to give way to another car, but hits me.

No witnesses or anything, apart from
His passenger.

I've not read his statement, but his insurance company want a 50/50. My lawyer is taking it to court.

So the most likely outcome is 50/50. I've read plenty of posts here, and in court if it's my word against his, the claim will be 50/50. I am not happy about this, but what else can I do? A friend of mine who had a crash said, 50/50 is most likely the outcome the judge will make due to no witnesses.

So what will my costs be?
My lawyer says they want 2000 personal injury, so I will get half?

What about the credit hire car? My lawyer said its already been paid, and you do not need to worry about that.

Lawyer fees, who pays?

I have very little money, and have many debts to pay.

eybic

9,212 posts

204 months

Thursday 29th September 2016
quotequote all
Providing that you are/ were insured then your insurers should cover your side of things.

MitchT

17,151 posts

239 months

Thursday 29th September 2016
quotequote all
Personal injury claim against you by someone who hit your stationary vehicle? If ever there was a reason to have front a rear facing cams installed, this has to be it!

V8RX7

28,982 posts

293 months

Thursday 29th September 2016
quotequote all
MitchT said:
Personal injury claim against you by someone who hit your stationary vehicle? If ever there was a reason to have front a rear facing cams installed, this has to be it!
Oh yes.

My wife still rants about how a Motor bike hit her parked car yet managed to claim off her, 15 years ago.

WillG

87 posts

221 months

Thursday 29th September 2016
quotequote all
Why is your lawyer taking them to court - is it actually going to court, or are they just issuing legal proceedings to trying a get the other driver to give up?

If would seem foolish to proceed to court as one word against another, and really only option is 50/50 unless other guy shoots him self in the foot.

If it is settled 50/50, he will get 50% of his PI claim.

You may need to be careful about your hire car. It will have been paid - but on a without prejudice basis, meaning they can claim some of it back if the fault is not 100%. You maybe protected from the unpaid element of these costs, you may not. Ultimately you did sign a credit agreement loaning you the money for the hire car. I don't mean to worry you, and it's possible it won't be an issue, but it will all depend on what protection is in place.

If your insurers appointed the credit hire company, and the lawyer, and you have legal cover, it would be very harsh of them to pursue for it. But if you've picked up some random accident management company , it may be a different story.