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50-50 liability claim: rights and do I declare as a claim going forward?


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Hello,

 

Recently a car insurance claim of mine was settled 50-50, much to my annoyance. I was not at fault and the scheming other driver admitted liability only to later say it was my fault.

 

Do I have the right to appeal this? And can I claim back half of the excess I paid?

 

In addition, going forward, does this have to be declared as a claim within the last 5 years? My insurance company have put my annual fee up to a ridiculous amount following the claim and now I am going to get other quotes so that I can leave them.

 

Many thanks for your help in advance.

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Do I have the right to appeal this? And can I claim back half of the excess I paid?

 

In addition, going forward, does this have to be declared as a claim within the last 5 years?

 

Once your Insurers have decided on a 50/50, really the only avenue is for you to take the other driver to court and hope that they decide the other driver was 100% responsible. The downside is that you lose and your Insurers refuse to accept any liability to pay the third party for the extra amount involved.

 

You can claim 50% of your excess back from the 3rd parties Insurers. You can either do this by sending their Insurers a copy of the bill showing the excess you paid or if you have legal expenses cover on your policy, your Insurers will do this for you.

 

This will go down as a fault accident on your policy and yes you will have to declare it. (fault does not mean you were totally at fault, it just means that your Insurers could not make a 100% recovery of any outlay from the 3rd parties Insurers).

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  • 5 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

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It can be bit confusing at first.

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