Been involved in a car accident and the situation is a mess

You don't have to agree with their 50/50 outcome in site you have the option of taking it to court. That alone may push the other guy to back down.

I've had a full fault claim on me before it really doesn't make that much difference to your next policy. What in getting at is even if you settle on 50/50 don't worry about it too much certainly don't let it stress you out. Just shrug your shoulders and move on. Car insurance is mostly a tool to pay for car damage not really a tool for finding fault.
People tell me to get a dash cam all the time but even the claims I've had haven't put me out of pocket enough to pay the price of a dash cam, a decent one anyway.
Think it added about £20 a year for a couple of years.
 
when somebody written my car of i made sure i rang there insurance and told them exactly what happened and that if they are giving another story its complete rubbish.
 
when somebody written my car of i made sure i rang there insurance and told them exactly what happened and that if they are giving another story its complete rubbish.

WOW really? Because they know you are not lieing, because they have built in lie detectors on their phone system...
 
I took pictures at the scene and exchanged details that’s about it. To my own naivety I thought the location of the damage was obvious and his admission at the scene I didn’t really think it could possibly go any other way with the damage being at the rear of my car and the front of his car. Expensive lesson learnt I will have to get a dash cam fitted when my car arrives and hope for the best outcome possible hopefully the texts could provide me with a bit of weight if it was to ever go to court.

From an insurance persepctive, doesnt the damage placement actually cast doubt on it being the other drivers fault? If the damage is on your drivers side rear quarter and his passanger side front/wheel, that would mean he just turned into the back of your car. when in full view.

If i was presented with just the damage to the cars, i would probably first assume that you had moved into the right hand lane without checking and caught your rear on his front.

I only say this because it seems quite odd for someone to completely miss a car that would be in full view of them to the left. I would have thought that from an insurance perspective, how you describe the damage only seems to work logically if you were undertaking him at the time, which may make things more awkward.

I am not doubting you, as people do all sorts of illogical and ridiculous things when driving so it is possible for him to have just turned into your car, even if it was in full view of him. I am just thinking about it from an assessors point of view, and i think that the damage locations actually work against you.
 
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Sounds like you need a witness.

It's a long shot, a very long shot in fact but you could try and post in some of the popular dashcam Facebook groups to see if anybody has any footage of the incident.
 
Doesn't help the OP but I'm actually quite surprised that insurance companies haven't made dash cams compulsory. Could be awkward for them I suppose if it proves their client is at fault. I think they actually prefer the wishy washy 50/50 thing.
 
I only say this because it seems quite odd
he didn't reply on this earlier , also, would have thought the impact damage might make it clear who was travelling fastest+the angle, at impact time - no stated damage to the mirrors.


(DC's - from concurrent thread ?- companies haven't made them compulsory because they haven't seen the benefit, and no signifciant premium reductions available either, and, w/o a tesla side cam would probably not have caught this )
 
This, if you want to win.

He's deciding to be a scumbag, may as well beat him at his own game.
It’s not normally the thing to do but with these circumstances I wouldn’t hesitate. All your doing is ensuring that the right/correct outcome happens.

All you need is an “independent” person to corroborate your story, that’ll be perfectly acceptable for your insurance company and I highly doubt it will require further investigation.
 
Doesn't help the OP but I'm actually quite surprised that insurance companies haven't made dash cams compulsory. Could be awkward for them I suppose if it proves their client is at fault. I think they actually prefer the wishy washy 50/50 thing.

I don't want one and I'd avoid any insurance company who required me to have one. If it's a way of offering lower premiums to certain drivers ala black boxes or trackers then fine, but they shouldn't be compulsory.
 
It’s not normally the thing to do but with these circumstances I wouldn’t hesitate. All your doing is ensuring that the right/correct outcome happens.

All you need is an “independent” person to corroborate your story, that’ll be perfectly acceptable for your insurance company and I highly doubt it will require further investigation.
That's insurance fraud, no? I don't disagree that it arrives at the correct outcome but it might well get the OP involved in matters he'd prefer to avoid.
 
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These are images of the damage. I don’t want to fake a witness surely after over a month a witness suddenly appearing will look dodgy anyways just hope they don’t try and do it themselves wouldn’t put it past them. Like someone said I don’t see what they have to gain at 50/50 they will still pay excess higher insurance premiums but also cost me a lot of money.

Edit: What am I doing wrong? Images don’t seem to work posting using my mobile and clicking on image insert button
 
What did the insurance say when you told them you had text messages from him the day after asking for quotes?

They asked for the text messages so I sent them over. I need to ring them for an update on progress but everytime I ring Axa been a minimum of a 1 hour wait
 
Don't fake a witness. If you get found out it's prison time, which is obviously going to be FAR more costly in the long run that some damaged panels...
 
They asked for the text messages so I sent them over. I need to ring them for an update on progress but everytime I ring Axa been a minimum of a 1 hour wait

No help to you at all OP, but thought I would share my experience.

October 2017, I'm in traffic patiently waiting for a right hand filter lane to open up. As it approaches, I indicate and move left. To my surprise, a black cab comes firing right past me and our vehicles graze ever so slightly. He had no idea that he had hit me and I had to drive after him and beep my horn at him. He got out the car, apologised profusely for cutting into the opposite lane of traffic and slipping into the filter lane. He admitted full liability and we exchanged details then he went along on his way.

Fast forward a couple of weeks and my insurance company (Axa - sadly) advise me he is unable to walk and is seeking compensation... Absolutely laughable.

Really makes me despise humankind when people do this sort of crap. I'm not denying that I made a mistake not checking my mirrors, but to lie about being injured to make a quick buck is hideous.

It's now been 2 years and still not settled.
 
judging by the depth of the crease on your door, and the rubber from his tyre does indeed look like him cutting/turning into you, with his wheels turned left,
can't see how that would happen if you had turned across him ...
and doesn't look like a big speed difference, since the length of the damage is short, had you been unexpectedly undertaking him, as he moved across would have thought the damage on your rear quarter would be worse.
 
judging by the depth of the crease on your door, and the rubber from his tyre does indeed look like him cutting/turning into you, with his wheels turned left,
can't see how that would happen if you had turned across him ...
and doesn't look like a big speed difference, since the length of the damage is short, had you been unexpectedly undertaking him, as he moved across would have thought the damage on your rear quarter would be worse.

I think if there are professional who deal with what may have happened based on the damage I think it’s pretty obvious what has happened as you say the damage looks pretty obvious to me. Not to mention how badly damaged my car is and his barely has a scratch on it the brunt of the force was taken by his tire rather than the body of his car.
 
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