Advice on proceeding with insurance claim?

Some months ago I was driving down a car park and as I was passing the entrance on my nearside another driver swung into the entrance from the main highway turning left into the car park and his offside bumper collided with with my nearside door and wing causing considerable damage to my car.

The other party has submitted a barely legible statement which has been forwarded to my insurer. Each time I speak to an operator to query the claim they say that they can't read the other party's handwriting, but in essence it appears that he states that I was on the wrong side of the road and that I crashed into him. My insurer has now advised that it would be best to settle on a 50/50 basis as there were no witnesses or CCTV footage.

I have pointed out to my insurer that had I been on the wrong side of the road I would not have been in his path, and I have also asked them to explain how there is damage to the side of my vehicle if I crashed into him. Direct Line just advise me that they can't establish liability based on the damage sustained to both vehicles and that they recommend a 50/50 settlement due to the absence of witnesses or CCTV footage. How am I best to proceed?

Asked on 6 March 2014 by S.J.A

Answered by Honest John
If your insurer won't believe you. Tell your insurer you will settle in court and personally take the other party to the small claims track of the county court.
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