50/50 split liability - SANM2015

Hi all

Just before I Christmas holidays I was involved in an accident. It was clearly the other parties fault and I made the mistake of not getting any witnesses (plus I was also a bit shaken up).

I was the first car in the middle lane(3 lanes total) to go straight on a red traffic light. There was a car to my left and a lorry in the right hand lane, waiting to turn right. As the lights turned green and I was about to move off, the lorry hit the front right corner of my car (scraped past - damaged wing and light scratch on door). I horned and he then stopped. My car was stationary at all time. We got out and the lorry is clearly in my lane (around a foot and half). Both my car and the Lorry after the impact are still behind the line for the traffic lights. My wing mirror is folded fully outwards.

I'm pretty sure he won't accept liability. When I logged the claim with my insurance company, they said that the highway code is on the side of lorries and this would probably come to split liability. I don't think the insurance company will make any effort and accept 50/50 liability.

I have mentioned and sent pictures of the outward folded wing mirror which they referred to as "tenuous". How can that be tenuous? If I had drove into him, the mirror would have closed (folded inwards). I have sent them pictures of another lorry at the same junction, which show that a lorry can fit within that lane. I have sent picture showing he had space to his right and had no need to come into my lane.

Basically, he went wide to take the right turn.

Is there anything I can do if insurance suggest 50/50 split.

Would I still lose my no claims discount if I didn't claim, but he does?

Thanks for your help in advance.

50/50 split liability - Doc

If your vehicle was "stationary at all time" then I don't see how you are liable at all.

The lorry hit you.


50/50 split liability - SANM2015

But he will probably claim that I hit him and I don't think my insurance company is interested in challenging this.

My insurance company are saying that him being in my lane (proven by pictures) and my wing mirror being folded outward (proven by pictures) which would only happen if he has scraped past my car, is not enough evidence that he hit me.

50/50 split liability - RobJP

Your insurance company will have an appeals process. Inform them that you do not accept their interpretation, and wish to utilise this process.

Further inform them that if the appeal goes the same way, you will take the matter to the insurance ombudsman for them to decide where liability should fall.

50/50 split liability - John F

I would forget the insurance company and deal with it yourself as you are clearly not at fault. Threaten with small claims court/family solicitor if necessary and be prepared to back it up.

Similar thing happened to me about 4yrs ago - me in R lane, Morrisons artic in L lane at T junction lights, taking up some of my lane. L green filter light comes on, artic turns L downhill, trailer pivots on the front of its three axles and smashes my n/s wing mirror with its o/s corner and proceeds obliviously out of town! I change course, drive like maniac with hazards/full beam, eventually overtake and forcibly stop him by just slowing and stopping in front of him before he reaches the dual carriageway. At first he denies, then he takes photos, I ring his head office and all eventually sorted amicably - they pay my mechanic directly for new wing mirror.

Another few inches it would probably have taken out the A pillar and written my A6 off!

50/50 split liability - Smileyman

if you give an inch the others will take a mile ... do your very best to press your case, and be prepared for a court hearing, (don't be daunted, they are only other people, your insurance may send a solicitor to represent you) which you should approach from angle that the other party is fully to blame - just remember any claim on your policy is likely to increase the premium at renewal, and anyway, why should you take the blame for the lorry driver's error?

Worse case - if you loose you get a claim on your policy, possibly 50/50 split, but you stood your ground and that is important too. (Of course the other party may decide not to pursue the matter, so you would keep your good record).

I will admit my hand and say about 10 years ago I was in court after being involved in an accident parking the car, suffice to say I now have a dash cam and am looking at upgrading the set up to a front and rear camera system. The result was 50/50, I'm sure with a dashcam I would have won but on the day I could not prove my case.