Vauxhall Astra - Split Liability but Non Fault

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Fri 18 Jan 2013 22:07
Vauxhall Astra - Split Liability but Non Fault - seanyboy
Evening All,

Not sure if this is the right section but think I saw a similar post.

Basically I'm trying to find out what my insurance company should be doing for me in regards to investigating my accident? Because all they are saying is I have to accept split liability.

The circumstances are as follows...

My partner was driving along a single lane road and was indicating to turn into a local shop. The third party for some reason overtook my partner and then cut back across trying to also turn into the same shop causing my partner to collide with the third party.

Our car had severe damage to the front driver quarter whilst the third party car had damage to the front passenger door. I trust my partner on what she is saying happened and logically there is no way the damage could have been caused to both cars in any other position but the third party is saying she was I'm front. Without a witness (which we did have but is now refusing to give a statement due to personal reasons which the police or insurance company are doing nothing about) my insurance company are saying that I should accept split liability.

So back to my original question in that does my insurance company have to do as I request if I say I want to push for a non fault claim?

Thanks for your help in advance :)
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Fri 18 Jan 2013 22:38
Vauxhall Astra - Split Liability but Non Fault - focussed

I fail to see on what basis you are going to request that your insurance company treats this as a non-fault claim.

No witnesses for whatever reason. Possibly turning right without checking rh door mirror and blind spot that there was not a vehicle there, contrary to popular belief, the act of signalling does not give a driver priority to turn.

The other driver you stated as overtaking a vehicle that was turning right.

Split liability sounds about right to me.

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Fri 18 Jan 2013 22:45
Vauxhall Astra - Split Liability but Non Fault - seanyboy
Thanks for your reply, my partner was turning left not right. It was a single carriageway so surely the third party by overtaking then cutting back in front of my partner would put my partner at non-fault?
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Sat 19 Jan 2013 00:20
Vauxhall Astra - Split Liability but Non Fault - Avant

It's worth finding out exactly what the insurance company thinks your partner did wrong, and why the 'third party' overtook instead of turning left behind her.

The only think I can think of is that the turning into the shop was wide enough for two abreast and that your partner didn't keep left. If she did keep to the left then surely it can't be her fault.

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Sat 19 Jan 2013 11:12
Vauxhall Astra - Split Liability but Non Fault - Rachaelink

Could you let me know what road it was, so I can get an idea of the locus.

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Sat 19 Jan 2013 13:27
Vauxhall Astra - Split Liability but Non Fault - seanyboy
I asked them and they said these things are hard to prove.

The road is called northern parade in portsmouth, my partner was travelling away from the motorway and the co-op is about half way down.
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Sat 19 Jan 2013 14:03
Vauxhall Astra - Split Liability but Non Fault - Rachaelink

Sadly on google maps the co-op is under construction. That said you can still get a fair idea of what took place. The road is very wide, two car widths even though its a single road, however I fail to see if your partner was positioned correctly, and indicating, how the Third Party thought that they could complete the manouver that they attempted. I can only assume that they thought your partner was pulling into the side of the road, rather than in to the entrance to the car park.

If this claim was with me then I would base my decision on the strength of your partner's statement. Sadly with no further evidence forthcoming, it would be based on the evidence of both parties involved, if it were to go that far, then it would be a judge would would decide what version of events he found more plausible.

I dont know if perhaps your insurance company have thought that the witness account from the third party is solid and dont want to risk this matter litigating.

If your insurer have already made an admission of liabilty, they are unable to resile that admission, unless they can prove fraud.

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Sun 20 Jan 2013 00:12
Vauxhall Astra - Split Liability but Non Fault - focussed

Ok, so the driver was turning left into the co-op on Northern Parade Portsmouth.

From how you originally described it as likely yto be a right turn incident.

If a reliable witness was available to testify to the lairy behaviour of the other driver - no problem - no fault on her behalf.

Probably should not be split liability then, but she is going to have a devil of a job proving that she was not at fault. Insurance company is going to think -slow speed collision - no inuries - no witnesses - six of one and half a dozen of the other.

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Sun 20 Jan 2013 03:35
Vauxhall Astra - Split Liability but Non Fault - 1litregolfeater

How can there be 'split liability'? How? Surely one or other party is responsible.

Sounds like a a load of contrived rubbish to ensure the legal profession get their 50%.

We should abolish compulsoty insurance for motor vehiclkes and make it just like other stuff in your life.

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Sun 20 Jan 2013 10:43
Vauxhall Astra - Split Liability but Non Fault - Rachaelink

It is often the case that some blame can lie with both parties in an accident. Even if there were just some contributory negiligence, a judge might see that one party has the majority of blame, but that the other party may not be squeaky clean either.

In the instance above, if there are no injuries being claimed for, then there will be not input from anyone in the legal profession, unless the claim were to litigate.

Sometimes it is just a shared blame.. In this instance, it might be the lack of evidence that results in a split decision.

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Sun 20 Jan 2013 12:35
Vauxhall Astra - Split Liability but Non Fault - FP

"We should abolish compulsoty insurance for motor vehiclkes..."

You cannot be serious.

Here's the scenario: you're pranged by some oik. You discover he has no insurance. The police aren't interested. The costs of repair/write-off are well over the small-claims limit. You have to start a private legal action to recover the costs and the resulting loss of earnings etc. After some delay (when is the legal system quick when you need it to be?) judgement is found in your favour. The toe-rag fails to pay up. At this point you're months down the line from the original incident. You still have no car, which your job depends on, and you're seriously out of pocket as a result of the court case.

Do you really want this?

Edited by FP on 20/01/2013 at 12:35

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Sun 20 Jan 2013 14:15
Vauxhall Astra - Split Liability but Non Fault - thunderbird

We should abolish compulsoty insurance for motor vehiclkes and make it just like other stuff in your life.

Nice to see such sensible comments on here, perhaps we would take it more seriously if he could spell.

Back to the OP's question. I have read your post several times over and this is what I believe happened. You were driving in the left hand lane indicating to turn left into a side road. As you turned you were overtaken by another vehicle which then turned left in front of you and hit your car.

If the above is correct how can it be split liability, you were driving correctly, it was the other car that was clearly in the wrong.

Or have I missed something.

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Mon 21 Jan 2013 20:42
Vauxhall Astra - Split Liability but Non Fault - seanyboy
Thank you for all your input.

That is my point exactly, if the lady is clearly at fault and anyone sensible person reviewing the damage could see that I don't understand how split liability can be brought up.

It takes me back to my original question, if I insist my insurance pursue non-fault claim do they have to do as I instruct?

I will let you know how things get on.
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