Car insurance claim split liabilty

CharltonBoy

Hope someone can help - I was driving to Guildford on a Sunday and along some country roads - There were roadworks going on and a red light, I stopped on my side of the road and put the handbrake on and car out of gear. After waiting for about 4 mins a car came from the opposite direction and pulled up next to me and told me that the lights were not working and they were red both sides as he had came through that way earlier on, I thanked him and as he pulled away he scrapped the entire drivers side of my car, the damage was fairly low and I reported the incident to my insurer, I told them I did not wish to claim and they had not heard from the other side anyway.
I recently got a letter saying that the other party had contacted them and wished to claim and my insurer is now saying that they believe split liability is the best option and say my car was at an angle, which is not true and I was stationary at a red light! I'm not sure what to do, They say if we took it to court it could be the same outcome, also would I need to pay if I took them to court? any helpful advise please? Thanks

Rizzo

Unless there are witnesses and/or the traffic lights had cameras then it's basically going to be your word against his, which is probably why the insurers are suggesting split liability. If you really want to fight it your insurers are unlikely to pay your legal costs as they would be higher than the cost of repair (which is one of the reasons they would have agreed to go 50/50 in the first place).

Sadly, it's going to have a further impact on you though as it will count as a fault claim and will effect your no claims bonus (unless it's protected).

cafcfan

Jeez, that's a bummer. Do you have the legal expenses cover on your policy? If so, they might fight it on your behalf without cost to you.

See moneysupermarket.com/car-insurance/blog/is-legal-expenses-cover-worth-the-cost/

LoOkOuT

Is the scratch along the side of constant depth, or does it gouge in more at the beginning or at the end? The reason I ask is that (CSI style) if it is consistent, then you were parallel to the other car. If it varies in depth at one end of the other, you were at an angle. If you go to court, you then have evidence that their case is weak. I think that science stands up to scrutiny, but I'm not an investigator!

Daggs

If the other driver is making a claim. I suggest you also claim for your cars' damage. It remains one claim if split liability.

smiffyboy

What was your reasoning for not claiming in the first place, if someone had crashed into me I would be.

hoof_it_up_to_benty

No matter how small the damage if the other driver is at fault I'd always claim - you can't always trust the other party not to launch a claim even when they're at fault. Always get a photo etc.