Gary Foster

Had an 'accident' a while ago,

I was turning right at a single lane roundabout, the car behind attempted to overtake me on the outside (he was going straight on) but due to his speed he lost the backend fishtailed and smacked his rear into my passenger side wing.

Additionally

1) He legged it
2) He was later caught by the police and breathalised - just over according to police officer at the scene
3) The only witnesses were my 2 passengers and his 8 year old daughter.

He is subsequently being taken to court for 'Careless Driving' and 'Leaving the Scene of an accident' but will be contesting both charges. No mention of drink driving as he 'had a drink after he got home' (so you all know how to get away with that one now )

OK, now unfortunately my Insurance company (AXA) have just written to me to say Because the incident happened on a roundabout and there were no witnesses, the other insurance company have offered a 50/50 fault split you have 14 days to respond or we will assume this is ok.

What do I do ?

(Note, I will lose all 3 years NCB if this happens - so Bye Bye Scooby)

ed the dead

I would say that it seems abit cr@p for them to offer that kind of settlement before the other party has been to court, surely if he gets found guilty then it must be 100% his fault. It depends how much of a risk you want to take though!

Gary Foster

I also thought this to be the case, ie wait till after the case then make a decision as to what to do - and this is what I plan to tell them tommorrow, but I wondered if anyone sort of new for certain (this is the first time I've had to do this, and I don't really understand whats going on)

Gary

Mike Rainbird

Gary,
Fight it all the way. You were not in the wrong, so point out to your insurance company what action the police are taking against the guy and stand your ground. As you say, it should be easier once a conviction against him has been gained. Your insurance company may be not be aware of the impending court case...

I hope you get it sorted.
Best regards
Mike R

bros

Don't accept the offer! Bear in mind that insurance co's will ALWAYS make a first offer, but be prepared to change.

Write back to your company, explaining the situation, and stating that this is not acceptable. You are not obliged to accept 50-50. Ask them what happens if you don't accept, and what steps you can take.

If you have legal cover on your insurance policy (opr with the AA/RAC),try ringing up their advice lines and see what your options are.

Bros

Gary Foster

Cheers for the responses guys, I shall write the letter tonight. As Mike said now I think about it, don't think they know about the court case (at the time I did not know he was being taken to court and for what).

Bros, cheers mate I have legal cover and am with the AA I had not considered phoning them yet but the time seems abou right now.

Reckon they'll wait till after the court case ... but what in the hell happens if he gets of that !!! guess I'll panic about that after the case (3 weeks).

Gary

tarquin trousers

Gary,

I had a bit of a mare when someone wrote my car off on the M25. My insurance compnay faffed around on the garage and hire car etc.

I wasn't happy with the service and contacted a group called HelpHire (www.helphire.co.uk) they will claim back on your behalf any losses incurred.

They may or may not be able to help given the 50/50 ruling. worth a try.....

good luck!!!

matt d

Sounds like an easy court win - he ran away from the scene and was found to be over the limit? He'll be found guilty & he knows it. Refuse the offer and hire a solicitor to say either his company pay in full immediately, or you will sue for distress, loss of earnings etc for 2-3 times the cost - should get them to settle without having to bother with court.

AndyC_772

iTrader: (2)

Hi Gary

Really sorry to hear about this m8.

I'm not at all surprised that the other insurance company is offering a 50-50 split; it's about the best they could hope forunder the circumstances, and from their point of view they've got nothing to lose by trying it on.

I'd get your own insurers onto the case if I were you, after all it's in their interests to recover the money just as much as it's in yours. Tell them about the impending court case - obviously the police believe that it wasn't your fault, since you're not the one in court!

Failing to stop is treated very seriously - 9 points if convicted, I believe. Are you being accused of anything yourself? Do you know what his defence will if he's pleading not guilty?

Get AXA on the case asap; they don't want to pay out any more than you want to lose your NCB. This is what legal expenses cover is for.

Good luck!

Andy.