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How can our friend contest the third party's version of events after an accident?
About three weeks ago a friend was returning home, mid afternoon on a dry day and was probably doing between 30 and 40mph. She was coming round a gentle right-hand bend when she saw, some 250 yards away, a car coming towards her. She realised to her horror that it was on her side of the road, moving very fast towards her. She braked hard and was pulling over to the extreme left side of the road on the edge of a ditch, when the other car hit the side of her car, pushing her off the verge and into the ditch. The other car then continued on its trajectory and plunged into the ditch a few yards further up on her side of the road.
Our friend and the other driver were helped out of their cars by a motorist who stopped and called the police and paramedics. The police came, took statements, then, because there were no injuries, they left. Both cars are write-offs. The other driver is now saying our friend drifted into the middle of the road and was therefore partially to blame. Our friend’s insurer is taking the attitude “it’ll have to go 50/50”. So our friend will lose £550 excess, will be paid only £5400 for her 2005 Audi A4 quattro convertible and will lose her no-claims discount. I would appreciate your advice as to the best way to proceed.
Our friend and the other driver were helped out of their cars by a motorist who stopped and called the police and paramedics. The police came, took statements, then, because there were no injuries, they left. Both cars are write-offs. The other driver is now saying our friend drifted into the middle of the road and was therefore partially to blame. Our friend’s insurer is taking the attitude “it’ll have to go 50/50”. So our friend will lose £550 excess, will be paid only £5400 for her 2005 Audi A4 quattro convertible and will lose her no-claims discount. I would appreciate your advice as to the best way to proceed.
Asked on 4 May 2013 by AM, Henfield
Answered by
Honest John
Insurers settle in the most cost efficient manner to them, not to the policyolder. To fight the other insurer via a court case would cost so much, with no guarantee of success, that they will not take the risk. Independent legal insurance should help in situations like this, but our experience of them turned from good to bad so that isn't the answer. All she can do is personally sue the other driver for up to £5000 using www.moneyclaim.gov.uk and the small claims track of the county court, but her insurer will not spend any time or money helping her.
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