50-50 insurance claim

[jchu1988]

Need a bit of advice before speaking to the insurance company.

Its a bit long so here goes:

"My mum was at the local waste recycling site and was parked (on flat ground) and ready to start to clear the boot when the car behind her edged forward, stopped and edged forward again. On the second time, he misjudged the distance, made contact and scratched through the paint on the bumper. Now as my mum does not speak enough English to be able to sort the issue out there and then, the other driver left his details on a piece of paper with his name and 1st line of address.

That evening, my mum and I went to the address, in the hope of resolving the issue without involving the insurance company. However, when we got to the given address, the bloke who answered the door claimed not to know this person or the vehicle registration at all. So with no other choice, we rang up the insurance company and informed them of the situation. Apparently, the guy is insured with the same insurance company and their details state he does live at the address given. We decide to proceed with a claim against the guy.

In the meantime, we took the car to be repaired at the authorised repairer and it has come to about 250 quid. My mum's excess is 300, which we paid first, on the advise from the insurance company that it will be claimed back from the other party.

Fast forward a few weeks, the insurance company rings up and says the other party now claims my mum has reversed into his car and was willing not to claim on my mum's policy as long as we don't claim on his.

Now my mum is understandably furious about this and has instructed the insurance company to contact the company that runs the recycling centre to obtain any CCTV footage that might help to prove or disprove either sides claim. However, that was fruitless as they have just sent us a letter saying that no CCTV was available."

Based on the fact that neither side can give conclusive evidence to prove the other side is at fault, they have said it was likely to be a 50/50 and my question is what is likely outcome of the 50/50 claim, ie, will she get half of the 250 quid from the other party?

We know her premium next year is gonna increase and she has protected no claims so that isn't an issue.

[DJ123]

The wway you could have got round it are; witnesses at the scene, and photos. Ask the staff at the plant if they recall the accident-IIRC they should, as all accidents should be reported (if it is council run)

go round to the address and pour brake fluid all over his car....

[jchu1988]

Originally Posted by daddyjob

The wway you could have got round it are; witnesses at the scene, and photos. Ask the staff at the plant if they recall the accident-IIRC they should, as all accidents should be reported (if it is council run)

No witness were present/ left their details. Staff at plant said they saw nothing. There is a suspicion that the site manager knows the other party. It was logged in the book as an altercation between two parties. Also, the site was out sourced to a private company so they won't deal direct with myself or my mum but only with the insurance company on the ground of "data protection".

[jchu1988]

Originally Posted by busasean

go round to the address and pour brake fluid all over his car....

I don't think he lives at the address that he's given. Or at least he doesn't reside there. Also, on some "unrelated" visits to the area, I have yet to see his vehicle at the given address.

I'd pass that info on to the police if the owner of the offending vehicle doesn't play ball, after first informing them of what you'll do. Failure to register a vehicle at the correct address is an offence that has quite stiff penalties. Their insurance company might also want to know as they may be using a different address to their real one in order to keep insurance costs down (they may actually live in a very high risk area). It seems to me they are anxious to keep a low profile, so make life difficult for them.

Once you've proven they are liars, you're in a much better position to get your claim sorted in your favour.

the fact he has left details is admitting liability almost, I see hundreds of cases like this and all I can recommend is do not accept a 50/50 claim, they will insist it will go to court but 9 times out of ten the other insurance company will bail and accept liability because it will cost them more than the paint on your bumper!

[jchu1988]

Originally Posted by sv_rory

the fact he has left details is admitting liability almost, I see hundreds of cases like this and all I can recommend is do not accept a 50/50 claim, they will insist it will go to court but 9 times out of ten the other insurance company will bail and accept liability because it will cost them more than the paint on your bumper!

My mum and the other party are both with the same insurance company. It just appears its not in their interest to argue on my mum's behalf.

just tell them no, its not 50/50, he hit you, and if you reversed into him why didnt he report it? make you say it's a fraudulent claim!

I had a similar situation myself years back, was funny because after a few months of arguing for the money I got no where,

A month or 2 after that, guess who arrives at my body shop after a quote for his car because it had been drenched in brake fluid lol was very satisfying!

Luckily I work in the crash repair industry!