50/50 blame being claimed after settled in full.

[itsmefolks]

Our car insurance company is claiming that the person who ran into my car is claiming 50/50 blame! We have had the repair done some months ago which as far as I knew, settled with all parties that he was at fault, as actually was! Our insurers gave the go ahead to have the repairs done, and even at the garage they said “there is no excess” meaning other party was fully to blame and that they accepted liablity. The policeman who went to his house said he had accepted full blame also. What is the legal situation? All we have done is what was asked of us. It seems a bit unfair that the claim can be settled, and now we are being held to blame!!

[redcrx]

tell your insurers that you wont accept 50/50 and to fight it. The claim obviously wasnt settled when your car was repaired.

[itsmefolks]

Thanks for the quick response. I thought as much! Makes you wonder what we are paying these people for eh? I will get onto them and advise them the same.Thanks again.

[Loosehead]

In these situations you should not really involve your own Insurer. They tend to try and opt for a quiet life and do deals. if it's not your fault then stick to your guns refuse anything that means you claim off your insurer.

In this situation in the past I have not even informed my own insurer, they would whine but essentially it's only their admin not any legal requirement.

[redcrx]

even when using a third party to sort my claim, following damage to my car when it was parked, the car was fixed ages before the claim was actually settled.
I had a note from the person that had hit it too.

[itsmefolks]

Thanks for that everyone.

[itsmefolks]

I have just recieved an e mail update from the insurers to say the following.....

I am writing in respect of your accident, following the previous email sent to you yesterday. A defence was received from the third party solicitors in respect of this matter however I have received a call from the third party solicitors today and sadly the third party has passed away therefore they will be settling the claim in full and closing their file. Once the cheque from the third party solicitors is received for Swiftcover’s outlay, we will inform you that the matter is closed.
Please contact me if you have any queries.
O dear o dear!!
Thanks for all the input everyone. The strangest ending to a problem this one eh?

[redcrx]

oh thats a bittersweet ending to your claim.