Insurance help (sorry)
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Discussion

anonymous-user

Original Poster:

75 months

Wednesday 19th October 2011
quotequote all
Right.
Had an accident last year on the snow/ice where me and another person both span and collided.
At the time of the accident he got out the car and basically held his hand up then decided when he got home that in fact everything was my fault.
Crash was no more than 5mph, he has claimed against me £2500 for injury and another £2500 for damage to his white astra estate that already had damage not caused by me.
Had a letter come through saying I can accept 50/50 against this saying it was 50% my fault. Which I believe it wasn't but anyway, does anyone have any advice as what to do? I'm really over my head with all this legal malarkey.

Also I put in no claims as I foolishly thought he would be honest and do the same.

anonymous-user

Original Poster:

75 months

Thursday 20th October 2011
quotequote all
Bump. Anyone have any advice?

Tom H

543 posts

208 months

Thursday 20th October 2011
quotequote all
To be fair the third party probably didn't say it was your fault. He advised that he skidded on ice and an accident occurred.

Everyone states ' insurers hate paying out money' and yes they are a businesss and therefore don't want to pay 100% of the claim. If there is no independant witnesses then and no grounds for negligence (deliberately causing the accident) unlikely as ice and snowy conditions.

His insurers are better off paying half the claim than the full price.

eg Hypothetical total claims costs = £10000

outcome your insurer pays £5000 and so does the third party.

If you disagree and go to court and again judge settles 50:50 all of a sudden total claims cost is now 15000 as insurers have to pay the legal fees and court time etc then each insurer will have to pay. £7500. Therefore, makes no business sense both are paying more.

So the likelyhood is this will be both insurers best possible terms.

It will effect your policy in the same way of your insurer pays out £1 or £100000.

I reckon it will likely go split liability ... Sorry

Deva Link

26,934 posts

266 months

Thursday 20th October 2011
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PSBuckshot said:
Had a letter come through saying I can accept 50/50 against this saying it was 50% my fault.
Has the letter come from your insurance company? And you never reported the accident?

I guess all you can do is report the accident (they won't be happy that you didn't report it at the time) and insist that it wasn't your fault and the other guy's car was already damaged and he is exaggerating the claim.

If you both span, why do you think it's all his fault?

LuS1fer

43,107 posts

266 months

Thursday 20th October 2011
quotequote all
It's a nightmare because with no witnesses, it's hard to attribute liability. Regrettably, the fact he got in a doubtless fraudulent claim for a doubtless unprovable either way whiplash injury means he will get half of that but you should possibly say you are happy to accept 50:50 on liability but dispute quantum as his car was already damaged and you dispute the injury.

In a snow scenario, the liability is probably going to be split and you've put yourself in a weak position by not reporting it. But quantum is a different issue.