CTR

I had an accident a while ago, and had a letter today saying I should accept 50:50 blame. Now I tried to speak to my Insurance company tonight but I get a foreign land, and they dont seem to understand what I am asking so, if I accept 50:50 blame, what happens to my no claims etc. I assume its the same as me being entirely to blame.


[Edited by CTR - 1/9/2004 8:02:45 PM]

GialloEvoII

The way i understand it is ,Your insurance company will pay your damage and the other will pay the third party.You will both lose no claims ,depending on how much the claim ,is how much you lose.

Hope this helps

spa2

If 50:50 is the same as being entirely to blame(loosing your ncb) then surely it would be better if one person took full blame then the other paid him a bit of money than both drivers having to pay alot more on their next insurance.

CTR

Thanks for the replies. Yes I agree that it would be better for one person to take the blame, and I dont see how they can argue against the road markings and the highway code, but my F wit insurers want to take 50:50 as there are no independent witnesses!

-=Buzz=-

Both insurance companies want you both to lose your NCB so they can charge both of you lots and lots more for the next five years.

It's easier and much much more profitable than actually trying to investigate the accident, making a descicion, and possibly as a result one of the companies losing their clients business, don't you think?

Were you partly to blame? If not, tell them to ***K right off!

AndyBrew

Were the police called to the incident, because I had a very similar incident when I was 18 where a pillock of a delivery van driver hit the front of my car while tuning in his radio. Which he admitted to me immediately afterwards.

However come the crunch his story had changed and he accused me of driving around a parked car!

This went to court and the guy never even turned up so the judge simply adjourned it, which I thought was a good sign! Eventually my insurance company strongly advised me to take 50:50 as it was my word against his at the end of the day so I bottled it and took the money

the cruncher was that the police were not called to the scene as the position of the vehicles, skid marks etc. would of probably dictated the result. But obviously nobody was hurt so they would not attend and I was £2000 poorer for it

CTR

Buzz, the thought about both insurance companies had come to mind. Am I to blame at all, I dont think so, if you follow the word of the Highway code, then I am not to blame. I keep putting this to my insurers and they cant come up with any arguement as to why I am at fault at all, they just keep saying that the best I can get is 50:50 and I should take that. So I am currently arguing with my insurers, and will continue to do so.

AndyBrew, no the Police didnt attend. I have spoken to 2 seperate, independent of each other, traffic Police officers, and they both agree with me. However they dont want to get involved. Sorry to hear about the outcome of your accident.

[Edited by CTR - 1/12/2004 8:36:48 PM]

[Edited by CTR - 1/12/2004 8:38:18 PM]

NotoriousREV

CTR, if you are certain that your were not to blame, do not allow your insurance company to accept 50% liability. My mate just went through this. His insurance advised going for 50:50, then 25:75 in his favour but on each occasion my mate stuck to his guns. It eventually went to court where a judge decided my mate was entirely blameless.

-=Buzz=-

and were there no witness's?

Rally

As previous posters have said, no not accept if you are not to blaim.
Even if you have to follow it through to court I dont see how the percentage could get any worse.
A court is probably more inclined to observe the highway code advice when making its judgement.
Insurance companies are not interested in the rules of the road, they are only interested in quick settlements. As also previously said, your insurance campany has nothing to loose advising a 50:50 settlement, only the benefit of collecting your increased premiums next year.
I have previously stuck to my guns for 2 years before settling a claim.
You have not named the insurance company in question, I am not inpressed if you end up in a foreign call centre where you cannot be understood by the operative. I had a similar experience with Norwich Union where I ended up in an foreign call centre and could not make the person on the other end understand my requirements.

Tracey

This happened to my hubby in his van a good number of years ago and the insurance company told us to accept 50:50. We were livid that we should have to pay for something that totally wasn't his fault. So I declined and told them we were not paying for something that wasn't down to us. The outcome was that the other parties insurance paid for the whole lot in the end.

If you are very sure you are not in the wrong, then fight for what you believe is right.

Cheers

Tracey

J S W

I had an accident a while ago when someone tried to do a u turn in front of me and I hit him side on, what made it worse was he was trying to do it into a bus only lane!!!

After 12 months battling I had to accept 50/50 blame.

I was told by HIS innsurance company that if I had phoned the police they have to attend and I would have had a water tight case.IMO It is very important if people have an accident where it is not your fault you ring the police.

They may take a while to attend I know and people don't need to remind me of this but they must attend.


James

P.s It was a BMW with a sh1te bodykit I hit so every cloud has a silver lining and all that.....

rickydiver

Stick to your guns. I had the same problem a couple of years ago and kept telling my insurance company that I had paid them for legal cover so therefore I was taking it all the way to court to sort out and after a couple of months of agro they eventually fought and won my case. Easy option for them is if you agree to 50:50, dont do it as no doubt your are already paying over the odds for insurance.

CTR

Thanks for the replies again. There were no independent witnesses, in fact there was only me and the other person about at the time, and they managed to drive into me!

Well Im definately sticking to my guns, cause I dont see that I have anything to lose, and everything to gain. From the highway code and the Police I dont see how I am to blame. Its also good to know that some of you got your claims sorted properly in the end

Rally, thats the insurance company, and I have to say dealing with them down the phone drives me absolutely insane!

[Edited by CTR - 1/13/2004 8:04:07 PM]