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Slightly different 50/50 Liability.


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I have read numerous useful post on this forum regarding 50/50 liability. I will keep this short, but I was hit by another car as I was turning right on a mini roundabout this morning, I had the right of way, he just didn't stop. He repeatedly said sorry to me for causing the accident, the police arrived and one of the officers said that it appeared to be the other drivers fault; he subsequently took a statement (signed) from the said driver where he admitted liability. I've just spoken to his insurers and they say he is now claiming it was a 50/50 accident! The two companies in question are Elephant and Admiral, both owned by the same umbrella company. Would I be overly suspicious if I thought they could be working together to avoid paying up the full amount to me? Also Admiral say the statement that the police officer took has no power or relevance in a claim? Is this true?

 

I hope I have left enough info, the question is do I fight this? My car is worth £800-1000, fully comp insurance, and it looks as if its a write off. Also I have enough savings to purchase a replacement car, so no in a massive rush to get this sorted in a few days. Thanks in advance.

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Suggest that you speak to your Insurers about this. If the Police report is in your favour, expect the Insurers to make the 3rd party liable and for their Insurers to settle the claims, so you have a non fault claim and get your excess paid.

 

If they try it on with a 50/50, you will see higher premiums, particularly if NCB is affected. Also you will only get 50% of your excess and any other insured costs back from the 3rd party Insurers.

 

Threaten to refer this to the companies chief executive and then the FOS, if they try it on with you.

 

I am pretty certain the FSA has rules regarding regarding claims for car accidents handled by the same group. If you phone the FOS, they should be able to advise you on this.

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