CAr Accident liability 50:50???

happyhat

Hey,

I was involved in a car accident a few weeks ago,the insurance company want to settle 50:50, just wondering does it ever work out at 70:30 or 80:20 contributory neglience?(both insured with same company) The insurance told me thats isnt possible its never happened before I find this hard to believe but im not sure were to look to find more information.I believe the other party was considerably more at fault n prehaps should even be done for dangerous driving. It just seems like the insurance company want to take the easy way out.
any information would be appreciated
thanks

Danbo!

happyhat wrote: »

Hey,

I was involved in a car accident a few weeks ago,the insurance company want to settle 50:50, just wondering does it ever work out at 70:30 or 80:20 contributory neglience?(both insured with same company) The insurance told me thats isnt possible its never happened before I find this hard to believe but im not sure were to look to find more information.I believe the other party was considerably more at fault n prehaps should even be done for dangerous driving. It just seems like the insurance company want to take the easy way out.
any information would be appreciated
thanks

How does one assess if you were 20%/30% to blame? If you were doing something wrong at the time, then you contributed and therefore both you and the other driver are at fault, so 50/50. If it was dangerous driving and you didnt do anything wrong, then its 100% the other driver.

What happened?

happyhat

wel no white lines on road but other vechile was closer to the grass verge his right than his left by considerable amount and neither of us got stopped before the tip. surely you keep to the left as much as possible? assessor said he was very far out but small road 50:50 thats it.

RentDayBlues

Country roads with no markings - 50/50 I'm afraid

Karma

Stee wrote: »

How does one assess if you were 20%/30% to blame? If you were doing something wrong at the time, then you contributed and therefore both you and the other driver are at fault, so 50/50. If it was dangerous driving and you didnt do anything wrong, then its 100% the other driver.

What happened?

both with the same company and you both have to pay? no, really...
get the report from them explaining why its 50/50 and is there a garda report to look at.
50/50 is a easy cop out as no company is fighting them. guess you would have to go the legal route...
how do you stand on pncd? or stepback protection.

you say 50/50, what does the other driver say?
I wonder if they are on here?
we should have boardsie car stickers...:D

happyhat

Garda were reluctant to give report as no personal injury. do i have to sign off claim before its completed? I can ask for report and then contest? no protection on ncd. Yea i wonder . . .ahhhh hope they don't know its me lol
I just find it annoyin that someone can come round a bend on the wrong side on the road and because it small road its 50:50! like we could comfortable pass if was kept left

Karma

The gardi not wanting to do their job, getting fed up of hearing that.(not a typo!)
If there are not willing to give it to, ask for a written reason why.

I would suggest that you tell your insurance company that you are not happy with this.check with the council about the corner in particular, any pics of the accident?
If you are not happy with the company and its conflict of interest, off the insurance ombudsman... was on upper merrion st, d2 opposite "the club".

Seperate

Karma wrote: »

The gardi not wanting to do their job, getting fed up of hearing that.(not a typo!)
If there are not willing to give it to, ask for a written reason why.

It's a civil dispute. If they got involved every time two people had a disagreement, they'd never get anything else done. They can put their opinion in writing and send it to the insurance company... the insurance company may or may not take their opinion into account. They're under no obligation to investigate unless there was a breach of the RTA (drink/danagerous driving etc).

Do you have any pictures of the scene OP? If you have some evidence, then you may be able to fight it... if its just your word against the third party, then forget about it...

Stiffs

Don't settle for 50/50. I had a smash with a truck on an umarked back road. They atempted 50/50 with me but i fought my case by bringing the assessor to the site. Showing the skid marks and my photo's of them. My point was he was going to fast on a raod that was too small for him. He skidded to avoid me hit the bank and then landed on me. Scary sh*t. My point is by bringing them to the site i explained had he being going slower he would have been able to stop and the fact he avoided me by going into the bank it threw him back onto the road... thus landing on top of my car.

If you feel its not a 50/50 case then don't settle on it. I was fully prepared to go to court.

In my favour though it was a large commercial vehicle verses car. Car verses car is slightly different. But everycase is different!

Don't settle if your not happy to do so.

To finish.. The Gardai did absolutely nothing to aid me. They arrive, take details and F*ck off again clearly showing they don't want any involvement.

Zubeneschamali

Stiffs wrote: »

If you feel its not a 50/50 case then don't settle on it. I was fully prepared to go to court.

Court is very iffy. If you insist on defending a claim in court against your insurance companies advice, they'll wash their hands of it and you are personally liable for any costs. Bad time for the other driver to suffer neck problems.

bf

If you feel you were not at fault, contest it - but be prepared in the intervening period for your claim not to be settled

I had a similar instance a few years back, where a guy involved in crashing into me gave a totally different version of events. No witnesses or injuries - so 50/50 suited the insurance company.

I fought my case (without having to go to court) but it took 2 years & eventually agreed to pay out my claim with restoration of NCB. For those 2 years I couldn't move insurance company (because of an unsettled claim) and had to pay a higher premium - but eventually all worked out

Stiffs

Zubeneschamali wrote: »

Court is very iffy. If you insist on defending a claim in court against your insurance companies advice, they'll wash their hands of it and you are personally liable for any costs. Bad time for the other driver to suffer neck problems.

I agree, But when a 40ft lands on top of your drivers door & pillar with no where else to go but a stone wall with a land bank behind it. Your attitude changes to having to pay out to fix it.

It was 2 different insurers though so my own insurance co let me fight it out. Bit of an eye opener as to how they treat there customers claims..

I still say don't settle if your not 100% your not part blame.

happyhat

thanks for replys guys great help. it was a truck. any rules for them traveling small roads apart from weight/height restrictions on bridges . . .if so where can they be found?i dont want it to go court alot of cost and hassle, the damage caused wouldnt be worth it but its always the little people that get stung n dont think its fair :mad: just cause it easy way out. car is driving so im prepared for claim not to be settled til i get a better result.

MagicSean

Stiffs wrote: »

Don't settle for 50/50. I had a smash with a truck on an umarked back road. They atempted 50/50 with me but i fought my case by bringing the assessor to the site. Showing the skid marks and my photo's of them. My point was he was going to fast on a raod that was too small for him. He skidded to avoid me hit the bank and then landed on me. Scary sh*t. My point is by bringing them to the site i explained had he being going slower he would have been able to stop and the fact he avoided me by going into the bank it threw him back onto the road... thus landing on top of my car.

If you feel its not a 50/50 case then don't settle on it. I was fully prepared to go to court.

In my favour though it was a large commercial vehicle verses car. Car verses car is slightly different. But everycase is different!

Don't settle if your not happy to do so.

To finish.. The Gardai did absolutely nothing to aid me. They arrive, take details and F*ck off again clearly showing they don't want any involvement.

The gardaí ensure everyone is insured and licensed and have complied with their obligations for exchanging details. What did you expect? Unless they witness the accident or someone admits liability they cannot apportion blame.