Knock for knock advice required
20 October 2003, 01:48 PM
#1
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I need some advice from someone in the Insurance business about knock for knock arrangements and the chances of proving the other party were at fault.
Back in the summer another car drove into the side of my car as we (girlfriend driving) were overtaking them on a twoway road. Basically he did not see us and pulled out to overtake a car in front of him signaling as he pulled out. The damage to my car (~£1500) was only on the near side from the front wheel to the back wheel. There was no damage to the front of my car. Of course the third party are not admitting liability claiming that we had not started our overtaking manouvre before him (not true) and that the high performance of my Scoob caused me to suddenly appear beside him!
My insurance company have just written to me asking if it is alright to open negotiations with the third party on a 50/50 basis.
Have I got any hope of avoiding 50/50 claim and proving that it was the third party's fault, e.g. on the basis of damage to my car being on the side only and perhaps some mathematical analysis of the speeds involved? Or do insurance companies always try for 50/50 unless someone admits liability or there is a witness?
Alan
PS Nobody was physically hurt in the accident.
Back in the summer another car drove into the side of my car as we (girlfriend driving) were overtaking them on a twoway road. Basically he did not see us and pulled out to overtake a car in front of him signaling as he pulled out. The damage to my car (~£1500) was only on the near side from the front wheel to the back wheel. There was no damage to the front of my car. Of course the third party are not admitting liability claiming that we had not started our overtaking manouvre before him (not true) and that the high performance of my Scoob caused me to suddenly appear beside him!
My insurance company have just written to me asking if it is alright to open negotiations with the third party on a 50/50 basis.
Have I got any hope of avoiding 50/50 claim and proving that it was the third party's fault, e.g. on the basis of damage to my car being on the side only and perhaps some mathematical analysis of the speeds involved? Or do insurance companies always try for 50/50 unless someone admits liability or there is a witness?
Alan
PS Nobody was physically hurt in the accident.
20 October 2003, 03:08 PM
#2
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Sounds to me like he was at fault - not paying attention to his mirrors.
I'm not in the Insurance business but unless he's a Freemason then I don't think you've got anything to worry about.
I'm not in the Insurance business but unless he's a Freemason then I don't think you've got anything to worry about.
20 October 2003, 11:01 PM
#3
I had a case like this once on a dual carriageway.. van pulled out into my lane while I was overtaking him... I had front wing and windscreen damage!!! anyhow he claimed "I hit him up the back". The thing that won me the claim was the photographs I took of the damage to my car showimg the extent of the damage (ie they tyre marks on the front of my car ) thus proving I was along side him when he pulled out...
Good luck. Have you got witnesses then (the person being overtaken by the other party?)
Good luck. Have you got witnesses then (the person being overtaken by the other party?)
21 October 2003, 08:58 AM
#4
Hi,
The insurers will act on the description given by each party on the accident report form, therefore if the TP is telling a few white lies then I suggest you write to your insurers again. Write a full blow for blow desciption and that you do not accept 50/50 as it was clearly not yourself at fault. This will mean they will then go back to the TP insurers with your comments. Should give you a fighting chance.
Clive
The insurers will act on the description given by each party on the accident report form, therefore if the TP is telling a few white lies then I suggest you write to your insurers again. Write a full blow for blow desciption and that you do not accept 50/50 as it was clearly not yourself at fault. This will mean they will then go back to the TP insurers with your comments. Should give you a fighting chance.
Clive
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