I don't quite understand all of this. Are you insured TPF&T ??
Is that part of this issue, that you will have to prove that it was the other parties fault in order for your insurance company to do well, anything ?
And even then, they might not be interested in helping (they have no interest in the damage to your vehicle, that's not covered by your policy if TPF&T so you cannot reasonably ask them to fix your car if that's the case)
The reason I ask is that have a fully-comp policy when I was rear-ended about 3 years ago. Car driveable so I drove it back home, rung my insurance company claims hotline, explained circumstances then cycled into work.
Car was picked up c. 3hrs later by recovery agent and within 24 hours had been declared a probable total loss, and another day confirmed total loss.
Then discussion about settlement value and a cheque arrived in the post. Took 10 days from start to finish.
So if your policy is fully comp, the vehicle gets collected post-crash, bodyshop inspect it and then either it gets repaired or it's a total loss and a pay-out made.
Then, in parallel, the discussions of "Who's fault is it" take place and and if deemed 3rd parties fault then they will pay, or else if they won't play ball, dispute it etc then you'll pay with a claim on your policy.
But if you are TPFT then your insurance company isn't going to be very interested in damage to your car, and even less interested in fixing it. But they may have to pay out to the other party if 3rd party start to claim that the incident was your fault.
BTW my brother once had a crash whereby him and another car went for the same gap in a lane and it was settled knock for knock. Neither of the 2 insurance cos. were interested in whose fault is was and there's nothing in the Highway Code about this, other than "look before you move lanes" which they both did apparently.
hope that helps....??
Stu
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