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Hello

 

Would anyone kindly give me some advice regarding the below?

 

My wife had an accident in May 2010. On a narrow country road (no way two lanes) she turned a blind corner at 5 mph and collided with the third parties car, she did not have time to avoid the crash and strongly denies being at fault. The damage to our car (we did not claim as it is superficial but would cost £500) was underneath the drivers side headlight (golf 2006 model) and minimal. There are no in dependant witnesses.

 

We reported this to our company aviva as a 50/50, we believed he and my wife were not a fault.

 

However the third party rejects thus completely. He says my wife failed to stop in time and caused this (he admits she was going 5 mph), says she was on the wrong side of the road etc. Confusingly he states that the two people in his car are witnesses (not sure he understands the term in dependant) and that he was stationary on the road at the time of the accident (who stops in a middle of a road...). Hilariously he put his speed as 30 mph then crossed it out and put 0mph. The damage to his car is again on the drivers headlight side for me that would suggest my wife was not on 'other' side of a one lane road but consistent with two cars turning in opposite directions.

 

From the start his solicitors have been aggressive and sending over a threatening letter requesting my wife pay the bills (1000+) within 14 days or go to court.

 

I have seen his report and cannot understand how he can win this. I am guessing he has only 3rd party so needs to try....

 

My Insurers agree that there is nothing to accuse either party and suggested 50/50 to which the other company refused, at the time I would have accepted that, now not so.

 

Had nothing regarding this for 6 months and thought it was over, however today I received a letter from my insurers asking to confirm my wife's address after a request from other parties solicitors.

 

Can anyone help, I have legal cover etc and happy to go to court but want to gather whether i am right to refuse liability, whether I am missing something and should be worried, and what monies if any would I have to pay out if he won???

 

Sorry for long post

Edited by Theseus

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when it gets messy like this just let the insurers fight it out, thats what you paid them for.

not worth the hassle and you get your car repaired quickly and no comeback with further claims, solicitors, court etc. oh and stress!

Fill out forms giving your details of the incident and who you think is at fault; You say it was 50/50 so I expect thats how they will treat it between themselves, just let them get on with it.

You will both lose NCB tho.

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