Hi all

About two months ago I was reversed into in a supermarket car park.

I suffered only minimal damage to the left hand side of my car just behind the back wheel arch. The third party suffered extensive damage square on the back of her car just below the right hand rear light cluster.

As the damage to my car was minimal to the point of not really being worth getting fixed I simply logged the incident with my insurer stating the collision was in no way my fault and just left it at that.

Much to my surprise I yesterday received a letter from Tesco stating the third party had disputed my version of events, suggesting I had in fact reversed into her. Tesco stated they were intending to settle the matter on a 50/50 basis.

I was able to photograph the damage to the two cars at the time and firmly believe this photographic evidence supports my version of events - strangely enough my car doesn’t go sideways.

I now obviously fully intend on sending this evidence to Tesco along with a diagrammatic representation of events. However from speaking to their call centre staff today I was left with the impression that they weren’t too fussed what evidence I produced and that so long as the third party and their insurers dispute my version of events Tesco will settle for 50/50 liability rather than fight my corner.

I am now simply trying to establish what options are open to me should Tesco fail to see reason.

For example can I demand that Tesco make no payments in respect of the third party’s claim? Can I insist on a loss adjustor physically reviewing the evidence (including the damage to my car) rather than simply the call centre staff?

And should Tesco let me down do I have any options beyond changing insurer, writing a few snotty letters and pursuing the third party through the small claims court?

All responses welcome.

My thanks in advance.

Rich

Without any independent witnesses (I'm assuming there aren't any as you haven't mentioned it) then it is very difficult to establish liability in these situations. The usual result is split liability (50/50).

You cant instruct tesco not to pay out to the Third Party as they have a legal obligation to under the road traffic act, especially as liability cant be clearly established in this case.

Your best option is to keep fighting your corner, send in as much evidence as you can to support your case.

However, if it looks like it will cost more for them to fight your case than to just pay out on a split liability basis then they might just take the decision to do this anyway and as they are acting on your behalf in the matter, there's nothing you can really do about it unfortunately.

Let us know how you get on

DA