Saga Car Insurance Saga

[less2303]

Looking for some advice on behalf of my MIL, who last year was involved in a minor bump.

It was the usual roundabout situation, where the 3rd Party was in the wrong lane, and subsequently cut across the front of MIL, causing a collision.

The problem that she has is that they are insisting that the matter is settled on a 50/50 basis, despite the facts showing the other party were to blame.

I am aware of the other posts, and advice relating to independant witnesses, which in this case, there weren't any, but in this case the circumstances are slightly different.

Both parties agree to the positioning of the cars before during and after impact This coupled with the road markings (Taken from Google live overhead at the scene) show the third party was in totally the wrong lanes to carry out the manovuer that she did.

Despite this Sage are still maintaining that due to the lack of independant witnesses they will settle 50/50. If this was the case, and the parties were disputing the events that happened, I could understand it, however it is not.

My MIL is prepared to take it all the way if neccessary, but what are her chances, can she refuse to allow Saga to settle 50/50, or does she have to let this happen and then start the complaints procedure?

Any advice appreciated.

[craigwalton]

Have you asked Saga why the other Insurance Company is not accepting liability?

Unfortunately Saga are able to do this, it is in your policy conditions under Subrogation. If they are adamant they are going to settle 50-50, the best bit of advice I can give you ias to instruct them to put the claim on Hiatus, you will deal with the TP direct, and you will advise them of the outcome. They might not agree to this though.