My Insurer Intends To Offer 50/50 Liabilty To Other Insurer

[Fudiot]

I was involved in a two vehicle accident last November which resulted in my vehicle being written off. The other vehicles insurer is claiming it was my fault and seeking 100% payment from my insurance company. My company intend to offer 50/50 (knock for knock?) I am not pleased as the photographs I supplied prove the opposite as to who was to blame. I feel that with my evidence they should be claiming 100% from the other drivers insurance. Is there anything I can do?

[dannyk13]

You could contact the Insurance Ombudsman.

[New Judge]

You could instruct your insurers to refuse to pay anything. Then you could inform the third party's insurers that you have done so leaving them (or the third party) to pursue you directly for their losses.

You need to be bold and sure of your case or you will be simply forking out what you have paid your insurance premium to cover.

[andy-hughes]

Insurance companies opt for the easiest option.

This may - to them - be a 50/50, even when you feel that they could fight and win, they simply choose not to, and cut their losses.

You can all their bluff - although I did try that, instructed my company not to pay, but they did it anyway!

Worth a shot if you are sure you are on safe ground.

Good luck.

[sunny-dave]

"You could instruct your insurers to refuse to pay anything"

That's all very well NJ - but insurers (in my experience) take naff all notice of you if you try to do that.

I had a patently fraudulent claim against me (like Fudiot I had the photos to prove it) settled at 100% liability - no amount of complaints got me anywhere at all.

I've been living with the 'blot on my record' for the last five years - despite a theoretically protected NCB, I reckon it's cost me a few hundred quid over the years.

[Fudiot]

I have spoken to the again today and told them I will be making a complaint in writing as to the poor service they have given and their decision to offer 50/50.
It has been 4 months and at every stage I have had to contact them. Early on in this claim I had to ask why I had not received any claim forms on which to provide sketches and a statement of events... only then did they send them in PDF format in an email. I received letters from BT as there was damage to one of their poles. In each case I forwarded copies of the letter to my insurer. This week I received a third letter from BT informing me that as they had received no response from my insurer they were proceeding with court action against me. My insurer has just sat and waited for everyone else instead of acting.

[bhg481]

Would you like to give us a hint to the name of your insurer? I had this sort of treatment some 40 years ago when dealing through a broker and vowed never to use brokers again. It is my view that they want the commission from the insurance companies for selling their policies but claims mean work which, I guess, doesn't pay, so they're not interested. Much better to put their energy into selling policies to other people than dealing with claims.

[Fudiot]

I have contacted the Insurance Ombudsman and they advised my to make a complaint in writing and they have eight weeks to respond after which they can then take on my complaint.

[Peter Pedant]

They did this to me and I had to grin and bear it ....

[Fudiot]

It gets worse.... The insurance I am referring to was for my two classic cars.. however it has now had a knock on affect on my everyday car insurance. I had my renewal come through for this car and obviously had to disclose the fact I had had an accident with another insurer. Despite having maximum NCB (more than 9 years) and that NCB was protected, my premium has now gone up by more than £250 just because my classic policy insurer has offered 50/50 settlement.

[bhg481]

I think you need to ask your insurance company exactly how much of your premium increase is due to your accident and get them to agree (in writing) that if you are found completely blameless they will refund that money.

[Fudiot]

I have just got off the phone from my classic insurer for the second time today.. I have now asked them to contact the other drivers insurance and ask for the photographic evidence he supplied that are so confident it was my fault.. and to tell them that his photographs were taken 10-15 after the accident and after other parked cars had left the location, and to also tell them I have provided a photograph that was taken seconds after the collision and shows parked cars missing from his pictures.

[bhg481]

Unless he's fiddled them, digital photos are all time-coded nowadays, so that should show that his were taken after the event.
I must say that events like yours make me glad I went to the trouble/expense of fitting a dashcam.