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50/50 split liability

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Found 14th Oct 2014
Bit of a long message so apologies in advance, but i need some advice, i was involved in a non fault car accident, last year (October), i was reversed into by a driver at the exit at a petrol station, there were no witnesses and no CCTV covering the exit, i phoned my car insurance the next day (as they were closed at the time of my accident) and i gave them all the details on what had happened.

They ran a VRN on the guy who reversed into me and he WAS insured. I've been driving for 19 years and I have full business class car Insurance with everything covered, i did/have 9 years NCD protected and guaranteed hire car as part of my policy as i'm a care worker and i need a car to transport my clients around.

The guy rang me up a day later but before i spoke to him, i recorded our conversation, although i have later found out, that because i didn't inform him that i was recording our conversation i couldn't use this as evidence if it went to court.
Anyway, the guy claimed that his insurance ran out of the morning of the accident (very convenient) and that i would have to claim through my own insurance as he now (supposedly) hasn't got any insurance, he said that he "felt
terrible" and in no uncertain words said that he didn't see me when he reversed into me, he also said that he had a mate who could fit it for £300, i declined his stupid offer.
My car got repaired (£1253 in total to be repaired) and i paid £300 excess, my car insurance was due the next month but when i got my renewal letter the price had doubled from £458 to £897, so i changed insurers and ended up paying £488, i was told that if the other driver claims liability and the accident was a non fault i would get cheaper car insurance by sending in some documents/evidence

Early this year in April, i rang my car insurance (privilege) to find out what was going on, the guy who reversed into me and now claimed that i rolled into him, even though the road surface was flat, i was not pleased, i was then sent a Motor Accident Report form where i had to draw and describe what happened, i sent this form back along with the conversation we had, which i burnt on a disc and i also included some photos of the spot where the accident took place.

Once again, i rang my car insurance last week as i had heard nothing since April after i had sent in all the information/evidence that i had gotten, i was then asked if i would consider the accident 50/50 as i was told that there were no witnesses and also that the other driver hadn't made a claim to his insurers, i refused at first and then i was informed that a letter would be sent out to the other driver to find out what was happening, so what would happen if it did go to 50/50 split decision, i feel that my old car insurers and taking a long time to get things sorted, i would like to put to an end to the whole thing.
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16 Comments
Stand your ground. Refuse any offer of 50/50. Don't back down, it's only on the interests of the insurance companies to go 50/50. You will lose your ncb, as you will be classed as partly liable.
normally it would be 50/50 split. but in the case the driver is uninsured automatically would make him at fault as he is not covered to drive the vehicle (illegal). but i would check first if he was insured as he could be just making it up. Reason i say this is a friend of mine was driving uninsured due to not sending in his driver licence and policy was suspended and was hit by a car pulling in front of his car. he clearly was not at fault but due to the fact he was uninsured the claim went against him as he should have not been on the road in the first place. good luck ( buy a in car camera u wont face this problem again).
i had a similar situation a few years ago, guy (who lived 100 miles away) later came up with a bogus witness to blame me,
i was 100% not at fault but both insurers eventually agreed on a 50/50 split, strange if his insurers had a witness?
then i proved the "witness" lived near to him and worked in the same line of business, (Google is ace at this)
odds on them both been on same street 100 miles away?
my own insurers (rsa) didn't give a rats **** and refused my instruction to go to court
Under a certain amount most insurance companies aren't interested if you're at fault or not. It's not in their interest to pursue a claim which is easier to settle. I've been stung by this as well and you really need to phone them everyday to find out what is happening. Simple truth no insurance then you report them to the police no sob stories.

The insurance company I was with was More Than and they couldn't be bothered to tell me they couldn't find the driver as I had been given the false details. I am surprised that you managed to get insurance with another company whilst this is going on, most would automatically class it as a fault if they case isn't resolved.

Moral of the story, give insurance companies hell because they're just not interested, always protect your no claims bonus and always keep you excess to the minimum.
As for the increase of £38 that is lucky as most insurance companies will raise your premium on non fault claims, the idea being that statistically you are more likely to have another two crashes.

With regards to the recorded call I'd simply say you picked up the phone whilst your answering machine was switched on so he had already been informed. Assuming what you say is 100% accurate the do not settle for 50/50.
do you not have legal cover as its clear you need good legal advice
If he admits he was uninsured, surely simple thing is to report to the police. 6 points on his licence may make him think. If you have legal expenses, use that for advice. Failing that issue a small claim at Money Claims Online.
good luck with this.

I am shocked at the lowlife you had to deal with and the pathetic response by the insurance company.
My eyes are sore.
Just to add driving without insurance is also a criminal offence.
Obviously i'm gonna get slated for this and i welcome the -1's..... i know this is different from the op's case,



Several years ago i hit a car in front at a junction, from a standing start at about 2 mph, i accepted liability with the lady driver at the time,

However less than two days later i received a letter from her solicitors claiming she and her passenger boyfriend both suffered cracked bones and whiplash........... you can guess my fury...........

What did i do?

I claimed she had rolled back into me....... rightly or wrongly , she was being fraudulent so why couldn't i..... the end result was i never heard from her solicitors or insurance company again.

Karma.
If they can't use the recording against him in court, they can use it to show his insurers, this will show any changes in his story etc.

Just make sure the other insurers get a copy of the recordings.
teh arn

If they can't use the recording against him in court, they can use it to … If they can't use the recording against him in court, they can use it to show his insurers, this will show any changes in his story etc.Just make sure the other insurers get a copy of the recordings.



While it is legal to record personal conversations without informing the other party it is illegal to share those recordings with a 3rd party.
ZaphodBeeblebrox

While it is legal to record personal conversations without informing the … While it is legal to record personal conversations without informing the other party it is illegal to share those recordings with a 3rd party.



My insurance company and the law firm handling the case were fine with it; they've passed it and a transcript onto the other insurance company.
Original Poster
Thanks for all the replies, when my car insurers did a check on his registration plate the day after the accident, he WAS insured, and even when i went to pick up my hire car, the hire car company, gave me a car with a higher engine size as they claimed through his insurers. When i spoke to the guy who reversed into me, he made the cock and bull story of not being insured unaware that (privilege) my car insurers at the time and already said he was, he was making out that he wasn't insured so that i couldn't claim through his insurance, the guy is only in his mid twenties and he came across a sandwich short of a picnic to say that his insurance ran out of the day of the accident and to also add that i rolled into him.

By the way, for all the years that i have paid for car insurance, I've paid extra for legal expense and I've always protected my NCD, what i don't understand is why my old car insurers can't send me a document/proof that i was not at fault of the accident as they have heard the conversation that i had with the other driver and it is conclusive who the blame lies with, forgot to say, i didn't record our conversation on my answer phone, i set up application on my laptop that can record conversations.

I did a registration check on his number plate last night on askmid.com and it said that... "it is NOT showing as insured on the Motor Insurance Database today" so i'm not sure he the other driver still has his car or whether he has sold it.
this is a terrible situation and i'm afraid there aren't many solutions to protect the innocent.
i was a victim of an almost identical fraud a few years back. driver admitted liability at the scene (i wasn't even in the car) but then claimed I hit HIM! He went through a ferocious claims management company whilst I suffered with my tame and weak insurance company who couldn't care less.

I'm sorry I can't give any advice but the 2 things I learnt were
take video at the scene. you can pretend you're taking photos, but leave the video running throughout and get the audio. Not sure if this will stand up in court like with yours, but it's still useful to have.
get a car camera installed. you can get a (close to) 360º one for less than £50. this is very useful for no witnesses/no CCTV/potentially either party's fault accidents. The only indisputable evidence you can have is a recording of the accident.
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