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50-50 insurance claim but not at fault


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Hi Caggers,



My wife was recently in a car accident. Fortunately no-one was hurt but we`re now in a situation where the other party is denying fault and we`ve been stuck with having to pay the excess of £75.



The accident happened down a single lane country road. My wife saw the other car approaching a came to a halt. However, the other driver had the sun in their eyes and was distracted, pulling the sun-visor down on the passenger-side for their child. The other driver failed to notice my wife`s stationary car and, although tried to brake, hit the side/front of the car causing damage to the bumper/wing/bonnet.



The other driver got out and apologised to my wife, they swapped details, and both went on their way.



Later that day I phoned the drivers partner, to start the insurance process rolling, who offered to pay for the damage by going through their recommended garage. I wouldn`t have been happy to do this anyway, but my hand was forced as our car is leased meaning we have to go through the authorised repair procedure/garages etc.



All repairs have been done but we had to pay £75 excess which I was expecting to be able to reclaim.



I`ve just spoken to the insurance company and they`re claiming that the other party is denying responsibility for the accident, and as the accident was on a single-track road, they`re going to go 50/50 meaning we`ll not be able to claim the excess back.



As you can imagine I`m rather annoyed.



I`m hoping that this is just a tactic that insurance companies try to save costs rather that the other party being dishonest and lying about the events. Obviously I`m disputing this.



Could anyone advise me on the best course of action to take please so that I can have a better chance of getting the £75 back.



Many thanks,


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