I don't have any uninsured losses that i'm aware of. At the time of the accident my girlfriend was happy that there was minimal damage to her car we were going to scrap anyway. the 3rd party has claimed for the damage to their car, which I as a paint sprayer and car body repairer believed to be minimal. I then subsequently put in a claim for the damage to our car. The 3rd party initially offered a 670-30 split in their favour and are now offering a 60-40 split in their favour. If I do take them to court how much will it cost? I just want a 50-50 split as I have had enough of trying to fight this and realise i probably cant prove im completely innocent. Half tempted to file a challenge to insurance law as it is such absolute nonsense that you are guilty until proven innocent. Its madness, whats to stop me driving my car into a wall, smashing the front up of the 3rd parties car, calling my insurance company to tell them about a fictional crash and claiming whiplash etc. would their insurance company tell them there's nothing they could do about it and settle50-50??

Yes it is his car and his insurance policy. No there were no independant witnesses. one man saw it but i contacted him and he told me he wasn't paying attention and only noticed when the cars colided.

In February this year I was driving my girlfriends car when a woman pulled out from a parking space, point blank in front of my car. I braked sharply and there was a minimal collision resulting in some damaged paintwork. My girlfriend who waqs present at the time on the accident told the woman, who was crying and repeatedly apologising not to worry bout it as we were scrapping the car anyway. 3 weeks later received a letter from our insurance company saying this womans husband had lodged a claim against us. After consulting a solicitor provided by my insurance comany (tesco's) he told us we would be very unlikely to get anything better than a 50/50 settlement between the two companies. After a lot of complaining etc eventually my girlfriend and I begrudgingly accepted this. Next we received a letter from our solicitor saying the 3rd parties insurers had offered a 70/30 settlement in their favour. I immediately said no way. 2 weeks later I received another letter saying the 3rd parties insurers final offer was a 60/40 in their favour. I told the solicitor I wasnt prepared to accept this and to initiate court proceedings. Howevertodayt I heard my insurance company won't fund court proceedings andf have told me to either accept the 60/40 or take them to court myself.I wont accept this as 1- I wasn't at fault and 2- they have no more evidence in their favour than me. Why is my insurance company not sticking up for me in this instance? what rights do I have? Also what will happen if I do go to court- if I were to win a 50/50 settlement would someoneelse have to pay the court fee's etc? How do i take these people to court? I'm just so angry that my girlfriend and I who are 22 and 25 have lost the no claims we worked so hard to get and are consequentially paying a much higher premium already. Woould do anything to get them back! Hope someone can help me, sorry for the bad grammar, wrote this very quickly.