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Old 30-03-07, 02:20 PM   #1
kwak zzr
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Default my insurance claim

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
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Old 30-03-07, 02:27 PM   #2
Gazza77
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Default Re: my insurance claim

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.
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Old 30-03-07, 02:29 PM   #3
kwak zzr
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Default Re: my insurance claim

Good old British justice
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Old 30-03-07, 02:55 PM   #4
Kinvig
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Default Re: my insurance claim

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.
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Old 30-03-07, 04:10 PM   #5
kwak zzr
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Default Re: my insurance claim

a 50% claim will only be about £1100 plus costs anyway so i can live with loosing that.
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Old 30-03-07, 06:01 PM   #6
fullstop102
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Default Re: my insurance claim

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!
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Old 30-03-07, 06:17 PM   #7
Stig
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Default Re: my insurance claim

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.
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Old 30-03-07, 06:49 PM   #8
Ed
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Default Re: my insurance claim

I'd fight it
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Old 30-03-07, 07:31 PM   #9
kwak zzr
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Default Re: my insurance claim

thanks for the advice people, i am Innocent and i am going to take this as far as i can.
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Old 30-03-07, 10:16 PM   #10
lynw
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Default Re: my insurance claim

Quote:
Originally Posted by kwak zzr View Post
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.
Carole Nash
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