Accident - Insurance Advice

Maxeh

Maxeh

Maxeh

Associate
Joined
19 May 2005
Posts
2,414
Location
Belgium
Hi everyone, I'm after some advice regarding an accident that happened a few weeks ago...

To make it very brief, I was cut up by a driver who went straight on in a left only lane.

At the scene we exchanged details and went to our insurance companies.

The way I see it I have done nothing wrong, was driving home from work as usual. They were in an area unfamiliar to them.

I have evidence of the driver admitting they were in the wrong lane and I've sent over extensive photos depicting the scene as it happened.

The situation now is they are claiming I drove into them and due to no witnesses they are saying its a 50/50 case.

The damage to my car (MK1 MX5) means I need a new door and wing. The electric window has also stopped working as I presume the mech has been damaged.

If I go 50/50 I will end up paying my excess, they will write the car off so I will be left with a claim and a CAT D car.

Do I continue to fight for this case or am I in a situation where I almost need to take it on the chin and continue with life and get it repaired by myself?

Never gone through this process before so any help would be greatly appreciated.
 
Strange how they saying it's now your fault but offering a 50/50 claim. What is the evidence you have of the other driver admitting fault?

I would be tempted to take the 50/50 and be done with it. It sounds like its going to be a difficult one to prove and seems like its more likely to go in the other guys favour unfortunately even though he was in the wrong.
 
If you have evidence of the other party admitting wrong throw it to your insurance and refuse to accept 50/50. Do you have legal cover on your policy might be worth seeing if they can fight it for you and claim off the other parties insurance.


Certainly wouldn't be accepting a 50/50 if I felt I was in the right
 
The route they have gone down (I believe) is that its my fault but they have fixed it themselves, their car had minimal damage.

Along with lots of Google Maps data showing clear lane markings, how it happened, what should happen on that turning I also sent over Facebook posts of the driver admitting they were in the left lane going straight on (which in this case you cannot do).

So its not a "lol i crashed into someone" but its pretty clear what happened.

My repairs admittedly won't cost the earth but I just find it hard to believe I will end up paying for it :(

As you can imagine I don't want to plaster the evidence over the internet.

I do have legal cover, I am with Adrian Flux but a claims company have been dealing with everything my side.
 
Been here before - very similar circumstances.

Fight it till the end, I did and won.


Insurance companies are only every on each others side - in situations like this who fights hardest tends to win - equally if you have as much clues/evidence as you say you do then I think you have a strong argument.

Do you have legal cover - if you do then it does tend to come in handy - both in practice and as a threat early on.

If you are not to blame - why should you settle for anything less than what is fair.





Maxeh said:
The route they have gone down (I believe) is that its my fault but they have fixed it themselves, their car had minimal damage.

Along with lots of Google Maps data showing clear lane markings, how it happened, what should happen on that turning I also sent over Facebook posts of the driver admitting they were in the left lane going straight on (which in this case you cannot do).

So its not a "lol i crashed into someone" but its pretty clear what happened.

My repairs admittedly won't cost the earth but I just find it hard to believe I will end up paying for it :(

As you can imagine I don't want to plaster the evidence over the internet.

I do have legal cover, I am with Adrian Flux but a claims company have been dealing with everything my side.
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If the evidence is as you say, and the bus lane was active at that time of day, then fight it. You have nothing to lose.
 
Well I've just had a message from my claims company.

They tell me that the third parties insurance company are now dealing with the claim "without prejudice". The engineer is now being booked to estimate the works.

Without speaking to them direct (have to phone in the morning) does this mean they have admitted liability at last?

Also, on the subject of my car. Can the third party insurance write my car off or do they have to repair/replace unless its no longer road worthy?

EDIT:

Please not that the third parties car has been fixed already from the evidence I have and they had a hire car.

Does this mean they claimed off their own insurance so I have nothing to pay for now?

Really really confused.
 
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I believe it means they are paying for your car but they have not admitted liability so potentially down the line if further major repairs or personal injury claims are received they could investigate and contest a further payout.
 
Will I end up having to pay for her repairs through my insurance?

No personal injury claims, just the repair for me.
 
it basically means the other persons insurer has agreed to settle your claim but without prejudicing their insured's position. so their insured could still try and pursue a claim against you/your insurer at a later date if they chose to. they have to bring a claim for injury within 3 years, or a special damages claim within 6 years of the accident.

if their insurer is dealing without prejudice, i think its unlikely they will be pursuing a claim against you/your insurer but its still possible as it's 'without prejudice'.


sometimes insurers pay for the other sides repairs on a 'without prejudice' basis, just to get the other side out of hire if they think they may be held at fault, so they dont end up paying for a huge hire car claim.

also, if it did go 50/50 you can claim back 50% of the policy excess from the other sides insurer, as you both would be accepting 50% of the fault you can pursue a claim for 50% of your loss from the other side.
 
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My wife was involved in an accident a few years ago when a small truck failed to give way at a round-a-bout. The other driver admitted fault at the time but later changed their mind and tried to claim my wife was indicating to come off, even though they first said they didn't see her. My insurance company came back offering 50/50 but I insisted they pursue full costs from the other side. It got to having a court date a full year later before they finally caved and the other insurer paid out.

I would stick to your guns. Since the other party isn't admitting liability you will have to claim off your insurer anyway and it will go down as a no fault claim, costs not recovered until its settled.
 
imb4tman said:
My wife was involved in an accident a few years ago when a small truck failed to give way at a round-a-bout. The other driver admitted fault at the time but later changed their mind and tried to claim my wife was indicating to come off, even though they first said they didn't see her. My insurance company came back offering 50/50 but I insisted they pursue full costs from the other side. It got to having a court date a full year later before they finally caved and the other insurer paid out.

I would stick to your guns. Since the other party isn't admitting liability you will have to claim off your insurer anyway and it will go down as a no fault claim, costs not recovered until its settled.
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it will go down as a fault claim until it's settled, which is what i think you meant.

also, normally with a case of a misleading signal, there is case law to support a liability split of 2 thirds, 1 third split. look up the case of Wadsworth v Gillespie (1978)
 
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My worry is that without any witnesses it will go 50/50, even though I have evidence of Facebook posts. My side say the third party could just claim the posts were done by someone else!?

I won't accept anything yet. They seem to think I want the hire car but I've coped for the last month without one and don't see the need for one now.
 
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