Please can you help me? At the end of last year I loaned my car to a Missionary friend who returned to this country for Christmas, who was aged 55 with a clean licence and full NCB when he owned a car here. He was driving on a dual carriageway in Scotland with his wife, daughter and sister-in-law when the car was struck in the rear by another car driven by a youngster. It was the youngster’s second accident since recently passing his test and I understand his car was a total loss.

My car sustained damage but was driveable, however repairs cost more than the car was worth. My insurers Aviva are trying to get recovery of my excess from the TP insurers, believed to be Direct Line, but have not been able to get better than 50/50. I had always thought that if I hit a car in the rear I was 100 per cent to blame. My driver was on a dual carriageway in very wet conditions, driving accordingly, when this young man driving too fast, hit my car in the boot. It has been suggested that my driver was too far out in the road. He was driving off the kerb because the side of the road was flooded.

I would glad to have any help or advice to put to my insurers so that this claim can be finalised 100 per cent, and I keep my NCB and with no additional loading put on my policy. Similarly for my friend so that he does not get penalised for insurance when he returns to the UK and needs to buy a car.