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If an accident is split 50:50 liability


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And no its not as obvious as it sounds? Does 50:50 mean each driver pays for their own damange or the total of the repairs on both cars is added together then split.

Basically my girlfriend had her car scraped by a horse box who is disputing liability despite the fact my girlfriend was stationary at the time (it was a narrow country lane).

I'm expecting it to go 50:50 due to lack of witnesses and him disputing it.

Her car will cost about £1000 to fix, his being a horsebox with a massive square section steel bumper that doesn't have any damage to it will cost £0. So does that mean he'll pay £500, she'll pay £500 or she still ends up paying the full £1000 and may aswell not bother?

Thanks for you help.

Jingle

PS: Obviously she will have all driving rights suspended until she proves herself capable before one of you lovely people suggests it! :inocent:

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I belive that each insurance picks up their own damage and both parties lose their NCB. However as this happened on a narrow road I would try to push the blame onto the larger vehicle as it is likely they were taking up more than half of the road.

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Is the statement that your girlfriend's car was stationary agreed?

If so I do not see how she can possibly be 50% responsible.

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I very much doubt the horsebox chap is going to agree to anything - he wasn't going to stop and was refusing to give details until some other people stopped to to act as witness that he wouldn't give them.

She was totally stationary yes and I very much hope he is stupid enough to admit it!

Thanks for the advice guys. Shame the total bill isn't split because all the damage is on her car. Even if he makes no claim for his own car does he still lose his NCB then?

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I very much doubt the horsebox chap is going to agree to anything - he wasn't going to stop and was refusing to give details until some other people stopped to to act as witness that he wouldn't give them.

Don't give in, mate. The other party's insurer will try it on with you. Will probably go on for months, but don't give up.

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As above 50:50 means each insurer will pay the costs of the respecrive vehcile damage not half the total bill.

The main reason for this is cost saving in that it's cheaper to simply agree this costs and over time the costs should eventutally even themselves out over the various claims. That way they don't end up spending a ridiculous amount of time trying to resolve these disputed claims. I'm afraid without any independant witnesses I fear you'll end up having to split the claim 50:50 despite it not being your fault.

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Don't give up .

I had a similar situation occur last October.

Insurance co. hang out & play for time - go with it.

Diary everything, phone calls, names, who's doing what and when etc.

chase and chase some more.

Don't let it drop.

Be pleasant & factual - keep calm !

Took me 6 months, but it worked.

This was the advice I was given by a friend in the legal industry.

David

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In a bizzare new twist the dealership have recommended swiftcover to do a credit repair so it doesn't go through the insurance. Swiftcover seem to think they have a safe enough chance of getting their money back to stump up the like for like hire car and repair costs.

I'll be reading the contract very carefully to find the hidden catch as I know historically credit repairs worked that if they didn't get the money back in 12months you the punter had to pay it all yourself! :shuriken:

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I would be careful as the claim is already in dispute. Also if the driver didn't stop and then refused to give details then surely that is the same as leaving the scene of an accident which shouldn't do his case any favours.

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Hi

Jingles comments are correct, almost! Swifthire will do all the running for you and give you a like for like car.

I have just done it after some bozo backed onto my parked car, the letter clearly states "that they have recieved a premium for cover plus legal costs which protect you from having to pay these costs"

I had a nice new Boster S to play with for 10 days so was quite chuffed.

If they feel they cannot win then they wont help you.

Cheers Doc

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