non-fault car accident - help plz!

[sparkley1]

I was involved in a car accident back in january with a taxi driver, he was at the top of a school driveway not indicating where he was going, i was turning off the main road onto the school driveway. I started to pass his car with no problems and as i passed noticed he was fiddling with his mobile, I had gotten the whole of my bonnet past his vehicle when he manouvered and the back corner of his car scratched the remaining length of my vehicle. I parked up and went to get details, it was dark and no witnesses, I gave my details when he asked for them but he withheld most of his from me saying it was my fault, as i was on my own and felt intimidated i didn't argue and instead did not enter into conversation.

I went onto my night course (held on the site where the accident occured) and 2 people who were car sharing said they had seen him also at the top of the driveway fiddling with his phone and they passed his car with no problems - when i told this to the insurance company they said it was invalid information as they did not see the accident but i dont see how the info is irrelevant, it shows he was being neglegent and that there was space for a car to pass easily as i had begun to do prior to him manouvering.

I called the insurance company when i got home but they were closed for the night, i called again in the morning and reported the accident and gave the few details I had. Later that day i got called by an unknown number, when i answered a man was demanding my details, i asked who he was and he demanded my details again, i asked again who he was and he said he was a colleague of the third party, to which i told him my details were none of his business and that i had informed my insurance company, he told me "fine, do it your way" and hung up.

I went to the police as i felt uneasy about it all but they were not interested as no one was injured.

I complied with everything my insurance company asked for, forms, diagrams, taking the car to be checked etc, my car got written off.

 

Last month i recieved a letter from my insurer with a copy of the statement given my the other party, it includes a fully fabricated conversation i had where i allegedly appologised and said i was late for a school meeting, and in actual fact i was 10 mins early for a night class - not that he was told that! He also alleged that i had hit his passenger side when we were driving in opposite directions driver to driver, i checked his car immediately after the incident and it was mildly scuffed just under his lights on the driver back corner.

 

My insurer said that it looks like a 50/50 split and i'm not at all happy with that, i've had to pay £800+ on a new car as they gave me pittance for my old car and if it goes to a 50/50 split then i will loose my no claims which will add further expense. My insurer said that theres an option to take the case to court where an independant person will hear both sides and determine who is telling the truth but will that cost me to go that route?

Any advice?

[gyzmo]

Unfortunately, where there is no proof either way, an insurer will settle 50/50.

 

I appreciate what you say about other people saying he was using his mobile, but it does not prove the cause of the accident.

 

The best you could hope for is to get statements from people saying that he was in the same place when they passed him, which might go some way to proving he could not have hit you coming from the opposite direction.

You could also get some proof that you were in the college when you said you were, which might disprove the content of his statement.

 

I'm not too sure what your insurer means when they say an independent person can hear the case in court. That sounds to me like a basic court case, which is usually done where there is a reasonable chance of winning.

 

Start getting some factual statements from other people and see what information is in there that may help disprove what the other person said.