Insurance Problem - HELP NEEDED ""

[tricky69]

I had an accident on the 1/1/05 ( great start to the year !!) it was on a country lane. i was driving down the road, and there was a car driving towards me. The road is plenty wide enough for 2.5 cars so plently of room to pass. However the car coming towards me was driving down thwe middle of the road so i pulled over to the left as far as i could and STOPPED. He carried on on the same course and hit the side of my car. At the time of accident he admitted it was his fault and also later on the phone. I deceded it was best to go through insurance companies, which i did. However i waited till my insurance company had told me liability was established before making a claim, which took about a week

I then got a letter through last friday saying that the case was now 50/50 !! Are they allowed to do this without there being any new evidence ?? What legs do i have to stand on and what course of action would be best ?

I have spoken to my insurance co. and they said they are looking into it....

ANY HELP REALLY APPRECIATED !!!

[Harry Flashman]

Do you have a witness? This will be the key. Unfortunately, if it is just his word against yours, the settlement will most likely end up 50:50 as a compromise, as it will be impossible to ascertain blame. I assume that you aren't paranoid enough to record phone conversations and so threaten him with that.

I'm not sure why he's pushing the 50:50 thing anyway - surely if he has to claim on his insurance anyway, he may as well admit liability? Or am I missing something?

[tricky69]

it is my insurance company that has come back saying 50/50 but that is after they said that liablility had been established with the 3rd party. I guess from him originally accepting blame for the accident.

i don't know why they have changed the verdict, but wanted to find out if they are aloud to do that after accepted liabilty for the accident ??

[mondeoman]

Tell your insurance co to right off. They do this for an easy life for themselves as going to court to prove it etc.... costs them money, whereas a 50/50 costs YOU money.

Use the RAC/AA/Houselhold legal insurance if you need to, but don't let them snowball you. You CAN make them fight your corner, you just have to push them, sometimes quite hard, but it can be done - I know, I've done it.

[FHCNICK]

mondeoman said:

Tell your insurance co to right off. They do this for an easy life for themselves as going to court to prove it etc.... costs them money, whereas a 50/50 costs YOU money. Use the RAC/AA/Houselhold legal insurance if you need to, but don't let them snowball you. You CAN make them fight your corner, you just have to push them, sometimes quite hard, but it can be done - I know, I've done it.

thats the way to go, the insurance companies play a game with cases like this and they are only bothered about their money. Unfortunately it isn't the drivers place to admit liability that can only be established by the police or in cases like this the insurance companies Make a big a pian in the ass of yourself and get the legal people involved and you just might get them to see sense.

Best of luck friend.

[zippee]

Tell your ins co to get stuffed. You mentioned you were stopped at the time. If this was the case then surely its got to be 100% his fault for driving into a stationary vehicle!!

[tricky69]

zippee said:

Tell your ins co to get stuffed. You mentioned you were stopped at the time. If this was the case then surely its got to be 100% his fault for driving into a stationary vehicle!!

this is correct, but without witnesses is my word vs his.....

[anniesdad]

Very tricky one this. Country lane accidents without witnesses can be a nightmare to settle and often the outcome is 50/50.

Your insurance company have the right to settle your claim as they see fit, basically you sign your rights away at the time you take your policy out. Out of interest, what is your insurers outlay? Have they paid for anything?

How willing are you to attend court?

[spants]

if they want to settle for 50/50 & not go to court (to save their costs) tell them that you want no blame or notes attached to YOUR record. This was the approach taken by a friend and was accepted by big ins co

[tricky69]

anniesdad said:

Very tricky one this. Country lane accidents without witnesses can be a nightmare to settle and often the outcome is 50/50. Your insurance company have the right to settle your claim as they see fit, basically you sign your rights away at the time you take your policy out. Out of interest, what is your insurers outlay? Have they paid for anything? How willing are you to attend court?

The car has been fully repaired, but i did not make the claim on my insurance till i had in writing that liability had been established.


Managed to get my Ins co. to agree the following :-
1) My 4 years no claims will not be effected
2) My premium will not be effected
3) I will not have to pay the excess

is there anything else i need to push for ?