View Full Version : my insurance claim
kwak zzr
30-03-07, 02:20 PM
my solicitor is suggesting that i accept 50/50 as there is no way of proving who was right or wrong? and if it goes to court i could win all or loose all?
my own legal defense telling me to take 50% of the blame? ive just e mailed her and said NO. now i'm really cheesed off](*,)
Gazza77
30-03-07, 02:27 PM
Hate to say it, but is there any evidence you were in the right? You might know that you were, we do too, but a court might not see it like that. :(
kwak zzr
30-03-07, 02:29 PM
Good old British justice:(
Your legal team may have you as a "client" but they get paid for by the insurance co. The insurance co will always opt for the cheapest option... They don't want to go to court - they may win but they may lose & if they lose it'll cost them.
If you know you're in the right, persevere.
Treat your insurers as if they're working for the other party. It's how I'm treating mine. They want to avoid court at all costs.
At the end of the day ask yourself, "What have I got to lose by contesting?" then judge the best & worst outcomes. If you can live with the worst outcome, don't back down.
kwak zzr
30-03-07, 04:10 PM
a 50% claim will only be about £1100 plus costs anyway so i can live with loosing that.
fullstop102
30-03-07, 06:01 PM
but if your insured it makes no difference if you accept a total blame or a 50/50. If you do 50/50 you lose your no claims and have to stump up the excess. If you fight you may win you may lose and be in the same situation anyway!
How stupid is that!
FIGHT IT
Also with the compensation stating you were to blame means all your mdicals and time off is your problem!
Indeed, a 50/50 result is what every single insurance company want. This is the best result for all parties accept the ones that pay the insurance premiums.
My car insurance sent a my renewal quote through this morning. Up by £5 a month. It already went up by £3 a month the previous year. This is with 8 years no claims. I phoned and complained and wanted to know why it's going up every year even when I haven't claimed.
Answer is because there have been so many claims this year. WTF. Needless to say we are looking for a new insurance company.
Back on track. It is so difficult to get that verdict changed. But if you are completely sure that you were in the right and the third party was at fault, and believe that you can prove it, then I would fight the decision and tell them that you want it to go to court if that is necessary. If they refuse you could consider the option of taking the insurance company to court for not acting in your best interests. That is what you are paying them the premium for.
kwak zzr
30-03-07, 07:31 PM
thanks for the advice people, i am Innocent and i am going to take this as far as i can.
my solicitor is suggesting that i accept 50/50 as there is no way of proving who was right or wrong? and if it goes to court i could win all or loose all?
my own legal defense telling me to take 50% of the blame? ive just e mailed her and said NO. now i'm really cheesed off](*,)
Actually, cheesed off is when your solicitor says you have a 50/50 claim yet Carole Nash make a monumental balls up and send your solicitor a document that says "no fault/50/50" and "hit the rear right wing" of the car. Yet then manage to send the actual insurance company "insured" to blame and "hit the rear" of the car.
To find that because as far as ins co are concerned I went into back of car and admitted full fault, they have settled full 100% liability against me thereby prejudicing any 50/50 recovery on injury claim.
Personally, in your case Id fight it.
I wasnt going to fight mine because even I accept that Im to blame at least on a 50/50 basis for the overtake. Im just well ****ed off with the **** up thats effectively scuppered any 50% recovery of costs.
:smt067 Carole Nash
sexy kitty
30-03-07, 10:55 PM
Kinvig, I agree - lawyers always end up taking all of the money, but you shouldnt back down.
I ride a honda cg125 (boring I know, but I have just started biking), and had an accident a couple of months ago. The lawyers just wanted to pay up, but it was not my fault - I refused to back down and in the end the car driver who hit me dropped the case.
SoulKiss
31-03-07, 09:27 AM
Kinvig, I agree - lawyers always end up taking all of the money, but you shouldnt back down.
I ride a honda cg125 (boring I know, but I have just started biking), and had an accident a couple of months ago. The lawyers just wanted to pay up, but it was not my fault - I refused to back down and in the end the car driver who hit me dropped the case.
And as its your 1st post, let me add
WELCOME TO THE MADHOUSE !!!!!!!
David - who happens to still have a cg125 in the garage :)
kwak zzr
31-03-07, 09:38 AM
slept on it and even more determined now! financialy ive already lost the money and my NCB and got over the blow of that so i cant really loose anymore?
Kinvig, I agree - lawyers always end up taking all of the money, but you shouldnt back down.
I ride a honda cg125 (boring I know, but I have just started biking), and had an accident a couple of months ago. The lawyers just wanted to pay up, but it was not my fault - I refused to back down and in the end the car driver who hit me dropped the case.
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