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Hello

 

Long story short. My partner and I were involved in an accident April 2009, (no witnesses and no photos) anyway the other driver was at fault and admitted it at the scene but will not admit liability to the insurance (daddy's insurance policy:rolleyes:) after a lot of faffing about his insurance authorised repairs (September 2009) and the car went in and was fixed. We've just received a letter saying they still want to go 50:50:confused:. Can anybody shed any light on this because as far as I'm aware paying for the repairs says they are admitting liabilty. Thankyou in advance for ANY help/advice.

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When you say 'his insurers authorised repairs', did they deal with you direct? Some insurance companies (Churchill for example) will arrange repairs to a TPs car if they consider their policy holder to be at fault. I've never come across a situation where this has happened and they have come back at a later date on a 'knock for knock' basis.

 

I think we need a bit more info.

 

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His insurance company sent an engineer down to look at the damage, and a few weeks later he (the engineer) phoned us and said he'd authorised repairs and the garage would be in touch which they were within a few days. The engineers report agreed he'd driven into us but also stated "why would my our client drive off the give way lines". I think the issue is we can't prove it happened because he drove off the line and just didn't see us sitting in front of him. We took the car in to a garage we'd choosen and it was fixed. We thought that part of the drama was all over with but his insurance have other ideas.

Edited by Caribou
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Did you involve your own Insurers or was the claim all through the 3rd parties?

 

If through the 3rd parties Insurance, did you still report the accident to your own Insurers?

 

I suspect the initial delay was while the 3rd parties Insurers were looking into fronting. Your first post indicate that the driver was on daddies policy.

 

A 50/50 means you accepting shared liability for the accident and a claim on your policy, which I don't think you should accept. Actually it not your position to accept or not. It is a condition of your Insurance policy, that only your Insurers can accept liability. If your Insurers accept a 50/50 shared liability, there is very little you can do about it, but protest saying you will ask the FOS to look into if necessary. Your Insurers would incur a fee if you went to the FOS, so they would try to avoid.

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We were going to go through our insurance but when they said we had to get the car repaired within 30 days of the accident and then chase the third party (who had an unlimited time to admit/partly admit liability) for the money we decided not to use them and used a solicitor instead :rolleyes:. So basically it was all through the third party, there wasn't a claim against us put into our insurance (we are no longer with that company).

Edited by Caribou
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If the 3rd party Insurers are aware of your Insurance details at the time of the accident, they will be in contact with those Insurers. Your old Insurers could be negotiating at the moment. You should give them a call to find out and make sure that they are not agreeing to any 50/50. If they do settle as 50/50, you will need to declare a fault accident when arranging future Insurances.

We could do with some help from you.

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Hi there,

 

Its very probable that the third party insurers have agreed to repair your vehicle "without prejudice to liability). They may have decided to do so on an economical basis to avoid other costs (car hire, loss of use, storage bills, etc).

 

Agreeing to arrange repairs is not an admission of liability. They will approach your insurers in due course to discuss recovery of their outlay (to include repairs to their own policyholders vehicle too). Given your brief explanation of the accident circumstances it is more than likely they will agreed a 50/50 (by rights they can do this without involving you, but for the sake of investigation and customer relations they will usually get your say so first). Also, seeing as you have a solicitor acting for your uninsured losses, injury or whatever your insurers should not make any decision that will prejudice your claim. Normal practice would be for them to take a back seat and let your solicitor take the lead on investigations.

 

If they have not done that your solicitor should have a stern word with them.

 

Hope this helps.

 

Ito.

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Thanks Ito.

To be honest our solicitor is bloody useless, questions we answered months ago are still being asked ( I think we might have talking to the tea boy for the past year:rolleyes:). They have made us an offer on the injury side but to be honest we don't really care about that, what we are don't understand is they said there was no damage to his car/he's not claiming any damage so why 50:50? I think tomorrow will have to be shouting at people day and see if that gets us any answers. Thanks again to all who commented and please feel free to add anything else that might be relevant or of help :D.

Edited by Caribou
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They will try and agree 50/50 even if there is no damage to their policyholders vehicle because it limits their liability to you; they only have to pay 50% of your injury claim and can also claim 50% of the cost of repairs to your vehicle from your insurers (blowing your no claims discount in the process).

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Yeah whatever you do make sure nobody agrees to split liability without all sides knowing otherwise you'll jeopardise the uninsured loss element & the repairs. We work closely with one company notorious for wading in and they've got about 5 indemnity claims against them that just I know of.

 

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