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No fault accident. Other Party denying fault so 50/50 claim proposed by insurers


P4L
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Hi All,

Really miffed at the moment. I had an accident on a local country lane where a car coming the other way hit my car.

I saw the other party coming and stopped. However the other driver had the sun in their eyes (I could see them fiddling with the passenger side sun-visor for their child as they approached). As I`d stopped and could see they hadn`t noticed me I braced myself for impact. They saw me at the last moment and although they tried to stop and go onto the verge to avoid me, didn`t succeed. Both cars had bumper and bonnet damage requiring repairs but fortunately no-one was hurt.

The other drive got out and apologised and later that day their husband phoned my husband, offering to pay for the damage/repairs through one of their garages, saying that if we went through the insurance route the insurers would probably claim for 50/50 fault . We wouldn`t have been happy to do the repairs though their choice but, either way, the car is leased so we needed to go through the proper approved repair process.

Further down the line we had a call from our insures saying that the other party has denied fault, blaming us, and that the insurers were going to settle 50/50.

We now have a cheque from our insurers to cash, for half the excess we had to fork out at the time of repair, along with a more expensive quote for insurance on our other car.

I`m loathed to cash the cheque as this will be in final settlement. Our insurers keep telling us that they`ll not pursue the case as there no independent witnesses.

Unfortunately, the only "evidence" we have is a copy of the business card from the repair place the other party wanted to use, along with circumstantial evidence that the time of morning and sun position that day backs up our version of events.

The other party is a rural neighbour-ish so we know them to nod to. I`m tempted to ask them to explain why their insurers are claiming the accident is our fault (as they may just be going along with what their insurers are saying) just in case it an "insurance cutting legal costs" thing. I don`t fancy it becoming confrontational though. Could it class as harassment if I approach them, no matter how peaceful?

Could anyone please offer advice to whether this worth pursuing (perhaps through small claims if not though the insurance) or should I just bite my lip and write if of as one of life`s Ah-bugger-moments?

Thanks P4L

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What you have think about is what arguments and evidence you could present to a Judge in a court that would persuade them that you were less responsible for the accident than the third party. The third parties Insurers would be making a counter argument. You would not get to a position of being considered 100% not at fault and this being the case it would still go down on your record as a fault claim.

 

I think the 50/50 is what you will have to accept, being that you don't have third party witness evidence to use. It is your argument against theirs, which your Insuers won't want to help with.

We could do with some help from you.

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