I was involved in a car accident just before christmas,a breakdown truck tried to exit left, through my car, off a roundabout.He was entirely to blame and I have 2 independent witness's to prove it.He was in the wrong lane and cut across my lane hitting me in the process,resulting in a new rear drivers-side passenger door,wing and bumper to my car,my car is only 1yr old so has lost a lot of value from this accident.His vehicle only got paint damage.Luckily no-one was hurt.
My insurance company have written to me, saying his insurers want to do a 50/50 settlement and if I disagree,which at this point I do,they say I have to be prepared to go to court to fight my case as a witness in the accident.
Has anyone else had this happen to them,where they were entirely blameless and the insurers tried to do this to them? Did you go 50/50 or did you follow it through the courts.
Any comments welcome as I am really annoyed that they would even consider this course of action with all the evidence laid out before them! I have a totally accident free driving record and although I have full comp.and no claim protection I don't see why I should accept 50% of his blame.
Thanks,
Jacqueline :)

He isn't with the same insurance as you is he ? Or it is sometimes a deal the companies strike up beteween themselves to lower the costs If you were not at fault(from what happened you are not)tell them so in no uncertain terms & get some legal advice if you are with someone like the  CSMA you should have some free legal help available

We are not with the same insurance company,but that's an interesting thought! I think it is something that maybe they 'try on' between insurance co.to cut costs. I have got legal help with my insurance, so I think I will fight it to the end,but the thought of attending a court terrifies me as I have never even stepped inside one before.
Jacqueline :)

Not been to court over an accident but for work & one or two other things with me as the plantiff I doubt it will get that far as all court appearances cost the Insurance companies money & they don't like paying out

Hi porkie, i would seek advice before you commit yourself to taking partial blame for the accident, with what you have said happened and if your witnesses are independent i would say you wasnt at fault, have the police taken any statements because if they have they would then forward a accident report to your motor insurance company, also if it is put at 50/50 will it not affect any no claims bonuses in the future just a thought, good look

It definitely sounds like one of the old "Knock for knock" arrangements so popular with insurances companies some years ago. It would save them pounds if you will go that way because you will loose your No Claims discount. I would call their bluff. For them to go to court will cost them plenty so I'd doubt they will want to do that. My thoughts are that they are trying it on.

Regards, John

This happened to my son.  Driving down a road a car came out of a service station and hit him straight in the side.  Admitted it was their fault and when the insurance claim went through decided it was my sons fault as he should not have been there at the time.  He insisted he was in the right and his insurance company said he might have to go to court to prove that he was right as until they could prove this he would lose his excess and also his no claims, which he said he would.  When the letter was sent for a court date suddenly his excess is paid and the case never went to court.  You seem to be in the right so don't agree to the 50/50 let them sort it out for you.

Sue

Fortunately you say you have protected no claims as some companies take this away as soon as a claim is made, whether your fault or not (have you ever heard the phrase "it's a no claim bonus, not a no blame bonus") - this has happened to me. The issue you will come up against is the excess, which you may have to pay yourself if you take some of the blame. If it's 100% the other guy's fault you will be able to claim this back from him, in addition to other expenses such as a hire car etc while yours is fixed. Basically get some legal advice - you probably boguht legal cover with your insurance.

Good luck.

If you go 50/50 then your premiums will go up as you are accepting 50%contribution to the accident. They are probably calling your bluff. Stick to your guns- if it wasnt your fault then dont say it is- this may affect you if so in the future if you change companies :(

We had to go to court over an accident which happened in a supermarket carpark. We were not at blame but the other insurer tried the 50/50 angle. We knew we were not at fault so we went to court. Its not as scary as it seems we just went into a small room and put our side accross when asked. We won the case and got back loss of earnings for when the car had to go to garage and had to have time off work to take it/fetch it and the excess. It took 2 years to sort out because the other insurer dragged their feet at first they didnt even admit that he was insured with them for 4 months, kept giving us the run around hoping that we would give in and take 50% of the blame. Well OH wasnt going to do that, he knew he wasnt at fault. But whilst it was being sorted we were not able to use the ncb we had built up so was loaded for everything imaginable and we couldnt claim that back :( But im glad we did go to court as that would of been on our records for 5 years not the 2 it took to sort out.
A lesson here - remember to take out legal protection, you never know when your going to need it.

id defintally NOT go 50/50 if ci wasnt to blame!!!