not happy with 50/50 liability

[buckyohare]

i was in a car accident where i went around a blind left hand bend on my side of the road the other driver cut the corner and was partly on my side of the road. the damaged done to my car was on the front side panal and to my front bumper the damage to the other car was on the drivers side rear door. the other driver admitted to my brother at the scene that it was their fault. my insurance company from the very first phone call has said that it will be 50/50 liability. the other drivers insurance company are now saying that it's my fault and that i took the corner wide. all my insurance company have said to me is prove it. does anyone know will i have to accept the 50/50 or can i fight it

[gyzmo]

An insurance company will usually offer 50/50 if it does not have a reasonable chance of winning a case or if costs are prohibitive.

 

You could argue, but in the absence of proof there is little they can do. the best way to look at the way insurers deal with each other is to imagine the case in court. If it can't be won there then generally they wont take it there.

[gadgetgirl79]

Did you take a photo after the cars had stopped?

[Bona]

The same thing happened to my hubby driving my car I was furious when they said it would be 50/50 as we had witnesses to the fact the other car was going to fast and was driven by a youngster, as my Husband was hurt we went to our familly solictor who specializes in Personal injury claims he told the insurance company what he thoguht and if there actions damaged our claim he would sue them !!!

They told me it was cheeper to settle than fight

[Darkangelsdelite]

I completely agree with gyzmo, this is standard practice when its one persons word against another's.

IF it went to court (which it would have to if neither side could agree liability) then think of all the costs involved for court fees, solicitors fees etc.

This money has to come from somewhere and you can bet it would be the customers that would end up paying this in their premiums.

 

I know it doesn't sound fair, but its all about cost. If neither side think they could win and don't want a long drawn out court battle then its cheaper to just settle 50/50.

 

DA

[dragonflymerrow]

Hello everyone - newbie here

 

Is it ususal to contest blame nowadays? I had an accident with my young children in the car when a mitsubishi L200 turned right from the opp direction and we crashed into the side of his vehicle at 40mph. We both had green traffic lights (no actual right hand turn light for him, so if his was red, mine would be too and vice versa) but he is contesting and he has money. My insurer, direct line, have already suggested 50/50 liability, when clearly this is not the case. We were so lucky to be able to walk away from the accident but the children are traumatised and we are covered in bruises, it just doesn't seem fair.

[Bernie_the_Bolt]

This is an injury accident and presumably was reported to the police as the law requires?

 

Have you got the police report?

 

Have the police made any indications as to blame?

 

As you describe things, the other guy sounds lucky if he has not been reported for an offence.

 

But yes, I would always expect liability to be contested unless in the face of evidence. Do you have witnesses?

[Darkangelsdelite]

Unless i'm missing something here, then you were travelling along through a green light and the other guy came across the road and into your path, leaving you nowhere else to go other than into him?

 

That sounds to me like he is at fault for the accident and therefore direct line should be pushing for a full admission of liability from his insurers and a full refund of their costs. I would get back on to the claims line and find out why they want to settle 50/50 as the damage to the TP car will clearly show that you hit him side on therefore he would have been in your path.

 

Let us know how you get on, might even be worth starting your own thread if you have problems.

 

 

DA

[dragonflymerrow]

Thank you for your replies (and support)

 

Yes there were two witnesses and the police also attended. I spoke with the claims dept in B'ham yesterday and the lady was surprised that he had suggested 50/50 liability. She also said that once the police report is in, his insurance company will stand by that, even if he still claims it was not his fault. However, she also said that this may take several weeks.

 

It was worrying for me as I felt that he may try to drag it thru the courts and I think with all the emotional upheaval of nearly losing my children, his arrogance was adding insult to injury, literally!

 

I have asked if he can be prosecuted for driving without due care and attention and the pc said that they would be recommending it but whether he gets prosecuted is not up to him. I understand that in some cases you can pay a small fee and go on a course? I really hope that doesn't happen here.