Who is liable

[Lisaja]

My husband had an accident back in January where he turned right on to road and was stationery waiting to turn left on to a main road his car was still at an angle due to parked cars on his left. A car behind then reversed back as the road ahead was blocked by an oncoming car thus hitting the rear left hand side passenger door, The lady driving the car was very upset and was very sorry for what she had done and at the time admitted it to be her fault. As she was so upset my husband stayed with her and her 2 children until her husband came and he asked my husband to get a quote and he would settle it rather than go through the insurance company. From the damage on my husbands car it is quite clear to see that he was not moving at the time the incident happened as there are no scratches or scraps just a big dent from impact. The garage that carried out the estimate also commented on this. My husband called the ladies husband and advised him of the quote of aprrox �900 at which point he requested we went through the insurance companies. My husband then did this and we received a letter from our insurance company saying the other driver is disputing the circumstances. The insurance company is now saying with no witness that it will be dealt with on a 50 -50 basis. Is this right and if not what can I do about it?

Also the insurance company the lady is with is Direct line and we are with Privilege who happened to be underwritten by Direct line. I assume this means if dealt with on a 50 �50 basis the insurance company are in a win - win situation.

[TWR]

Hi Lisaja
Get a photo of the damage taken by the garage, Get any wittness statement from the day if possible them threaten them with court action, Also take a photo of the accident area for your own defence should it go to court, how the hell can they say 50 50 when your husband was stopped. As regards her saying sorry to me there are two ways of looking at this Ist, The women was in shock, 2nd admission of guilt, It seems the other party are prepaired to pay but as usual the Insures are not.

[showcatbenga]

The only time I have regretted some thing is exactly like your claim - I let it go instead of fighting it tooth & nail. Let it go to court & dispute it. You were stationery & not at fault with testamony to prove it. If this had happened in a car park there would be no question....... She did not look properly & hit a stationery vehicle. She committed the insurance sin of admitting liability & I think that her hubby probably said 'just settle without involving insurance' because they may have a history of bumps & knocks & this claim will dramatically put up their insurance premiums. Let's face it with protected 'no claims' there could be no other reason. contact a 'no win - no fee' company & give the insurance company a kick in the pants - good luck.