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Can we contest a 50/50 insurance claim decision?

Last year my daughter, intending to travel straight on using the outside lane of a two lane roundabout, was hit in the rear by a large grey van exiting the roundabout from the inside lane. Her car was spun around leaving her dazed, she panicked for her safety and pulled off the roundabout.

The van briefly stopped but then left the scene without giving details. Apparently this is not a police issue and her own insurer has not been much help. Through a lot of hardwork on our part we managed to track down the van owners. Who, eventually, gave us their insurers details. The car has only just been repaired but her own insurer has suggested 50/50 responsibility. A short video we obtained clearly shows her car to be in the correct lane. On what basis could they suggest 50/50 is fair?

Asked on 28 November 2024 by Paul

Answered by Rhydian Jones
Your daughter’s insurer could be suggesting a 50/50 split responsibility because it is unclear from their end who is at fault. However, we strongly advise you share all evidence (written statements, photographs and video footage) with her insurer. Once they have all of the evidence it might be best to have a phone call with them to discuss their decision to give you and your daughter some clarity. However, if you are unhappy with the insurer’s decision, you can escalate the issue to the Financial Ombudsman Service (FOS). They can review the case independently and determine whether the insurer acted fairly based on the evidence provided.
Tags: insurance

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