Help

[don82]

I was recenetly involved in an accident. i was driving down a dual carriageway and a car pulled out of a minor rd and went into the passenger side of my car. as a result my car was a total loss. at the roadside the woman admitted liability and stated she did not see me as there was parked car blocking her view. however, i have recently found out that she is now not accepting liability and is wanting to go 50/50! this is first time i have had to deal with an insurance claim and would be grateful for any advice offered! Thanks

[lou100]

Iam no legal expert but I would say go with the truth and stick to what you have already told your insurance company (Iam assuming you have contacted them?)

Were there no witnesses, or when the car has been assessed was they not able to tell what happened from the damage that occured?

I recently lost my car through somebody else going into me, luckily there were no arguments as to who was to blame but its a stressful time and a hassle you can probably do with out so don't back down and settle for any less than you are owed.

Good luck, let us know how you get on.

[Loosehead]

Yes, stick to your guns, ignore what she says the insurance companies will sort it between them, just fill in the claim accurately you should be fine.

[gouldc]

A parked car blocking her view will not be sufficient to get a 50/50 settlement. If she says you changed lanes as she exited the minor road, then that would be different. She has no chance - ps I'm a total loss and theft claims handler, so if you need any advice, e-mail me on [email protected], but keep the language clean and no attachments if you need any further help or a valuation

[andy-hughes]

The chances are, this lady has spoken to her insurance company, who have advised her to deny liability. It's nothing personal, this is standard practice in these incidents, and good advice. Even if you know you are at fault, ever admit to it at the scene, and certainly not in writing.

Leave it to your insurance company who will fight things out with her company. From the circumstances, the lady is laible for damages - pulling into a main road and colliding with a vehcile on the road is always the driver's fault - there are no mitigating circumstances in law. Wait and see what they come up with, and don;t worry about it.

[Catso]

Dispute this!

I was tricked by this 50/50 business: someone pulled out on to a mini-roundabout in front of me. I made the BIG mistake of avoiding them, but hit the kerb and damaged my car. They claimed it was 100% my fault. We eventually went to court, in the pre-hearing solicitors get-together, they proposed we go 50/50. My solicitor recommended I agree 'just in case' the judge ruled against me. I agreed. Second big mistake! Months later I found out the case had been 'resolved' as 75/25, against me. I was bloody furious, but it was too late by then.

Dispute it, right to the end, in front of a judge if necessary. If you believe you are in the right (and you appear to me to be) don't let anyone persuade you otherwise.

[Catso]

PS And before anyone suggests I should have taken it up with my solicitors, I tried that. They seemed to have 'lost' all the papers relating to the case. How handy, eh?