Road accident - split liability

telfordwhite

New Member
Sep 13, 2012
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My insurance company has deemed my non fault collision to be 50:50 split liability on the basis that there were no witnesses and the other party is disputing it.

I do have some after the event evidence which I think would support my claim if I went to the Small Claims Court but wondered whether I am wasting my time.

I was pulling off at a roundabout taking the inside lane to go straight ahead when the 3rd party entered from the same road but the Right hand entry lane, overtook me and (presuming i was turning left) tried to take the left exit and crashed into me.

I believe i can prove the other party turned left into me based on what was said to the policeman on scene and where the vehicles ended up but want to know is this the sort of claim a Small Claims Court would class as an acceptable claim. (I would be claiming for loss of no claims bonus for several years and the loss of my insurance excess)

Thanks TW.
 

Witch consumer

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Sep 8, 2008
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Debtors retreat
The insurance industry have an ombudsman you can complain to if you wish to dispute a decision. They often make these decisions based on ease and cost of a dispute, of course it's also a benefit to them if you lose your no claims.

You should also check if you have legal cover which is often packaged in car insurance.
 

telfordwhite

New Member
Sep 13, 2012
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I do have legal cover but am unsure what this covers, I wouldn't have thought i could use it to persue a small financial claim not backed up by the insurer.

I think the insurance company feel a dispute would be one word against another and wouldn't be worth their while so are taking the easy option, the file is not closed yet due to my appealing against it.

Thats why i wondered whether Small Claims Court may be an option as its relatively inexpensive and you only have to prove "balance of probability"
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Your legal cover entitles you to consult a solicitor over your claim, I have used it in the past and to be honest it wasn't brilliant as I had to do a lot of work myself but at least it gives you the option of seeing what a solicitor thinks re your case.

Small Claims Court is always an option but it is still going to be your word against theirs.
 

T.C

New Member
Jan 5, 2011
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In civil cases and in particular road crash cases, unlike road traffic offences where the case has to be proved beyond all reasonable doubt, in civil cases (which this is) you only have to show on the balance of probability of 51% or better.

If the defendant vehicle was as you say in the incorrect lane, then obtaining a copy of the Police report if they attended (and which costs about £60) should confirm the position of the vehicles at the time of the crash, which coupled with the recorded damage to the vehicles should go along way to establishing the balance of probability.

Insurance companies will often go for split liability for two reasons. They do not have the expertise to be able to investigate the cause of the crash, and secondly they often cannot be bothered as it is cheaper and quicker to apportion liability knowing that they will recoup these loses through increased premiums.

If you are able to establish the facts in your favour and feel confident, then go to trial. A district Judge will assist you, and they are often no friends of the insurers, and you will get your costs back in the event that you win.

You could also seek the advice of an accident investigator who like me is allowed to give expert evidence of opinion, but who may be prepared to advise you whether you have a strong enough case or not.

Any you have to appreciate that I make these comments simply based on the information here, not on the basis that I am fully conversant with the facts of your case.