Who Pays?

[birdofprey]

Today a van towing a trailer cut me up on a roundabout. I was stationary as the trailer scythed through my near-side front wing, ripping out the indicator and damaging the bumper.

The police didn't want to know - no witnesses stopped therefore it is his word against mine - and I suspect (so long as the other driver sticks to his denial) that the insurance companies will decide on 50/50 blame.

There was no damage to the trailer but my excess is £450.

If it is the case that the insurance decides not to apportion blame, am I entitled to demand the other driver pays half of my excess?

[Count-A-Strong]

If that's your logic then you would be liable for half of his and maybe his is bigger than yours!

[tamborine]

Photograph the damage etc & threaten Court proceedings.

[Gazza61]

I was once hit on a roundabout by a guy who was trying to run straight through it without slowing down at all. My car was a write-off. As no witnesses came forward (even though it happened at rush hour) the police were not interested and said that it was "knock for knock". Apparently the other driver was not from this area and it wass the first time he had used this road. Obviously he was unfamiliar with the layout and maybe this contributed to the accident but it's a difficult thing to prove. As Eddie51 has already said, it's just one of those unfortunate things you have no choice but to accept even though it seems a little unjust.

[birdofprey]

Thank you for your answers.

Just to update this and for the benefit of anybody reading who might be interested: My insurance company has confirmed that if they settle for a 50/50 liability I will get half my excess back.

EDDIE51 My car is a BMW and the bill is going to be at least £1500 (more if further damage is found once they get it up in the air) but I do have a protected no claims discount policy.

This is very frustrating because I am a careful driver with 35 years experience but you can't legislate for idiots who race up from behind.

[birdofprey]

Hi angel12

Thanks for that glimmer of hope.

I did pay for Legal Protection so if/when they decide the outcome I shall look at your suggestion.