Insurance claim settlement - should I?

MaceFace

So, I was involved in an RTA a few months back. The other party was at fault but they disputed this, claiming I was at fault. Due to lack of witnesses and area of damage to both cars, the insurance companies said it was not possible to deem who was to blame for the crash.
I claimed through my comprehensive cover and requested my insurance company to claim against the 3rd party as they were at fault.

Fast forward to now, and my insurance company contacted me and said the 3rd party insurance company offered that we settle this on a 50/50 basis as it was not possible to find fault on either side.
I'm not sure how to proceed.
I am 100% that I was blameless in this, so the idea of settling really annoys me.
Financially, if I settle, I will lose some of my NCB but my next policy will be loaded by some amount (advised by my insurance company), so I will be out of pocket.
I was advised that if I don't settle 50/50, the next step may be to go to court and a judge will probably rule it 50/50 anyway. However, I don't trust this advise as it comes from my insurance company and if it did go to court, they would have to bear the costs, so it's in their interest to settle.

Has anyone being in this situation before and not agreed to settle 50/50?
I know it's difficult to advise without knowing more about the damage and accident itself, but my question really is that if I don't agree to settle 50/50, what are the chances that the other driver, or their insurance company would advise, they settle and accept complete responsibility to keep it out of the courts, or get the open claim out of the way?
Both policies (mine and the 3rd party) are due for renewal in the new year. I can afford to keep this open (knowing I will be stuck with my current insurer) but I don't want to if a 50/50 split is almost certainly the best outcome.
Also, if it were to go to court and there was additional costs, the loading on my renewal is likely to be more substantial.

Thoughts?

yer man!

Honestly, I'd settle. This will drag on for years otherwise and during that time you will be stuck with your current insurer as nobody else will touch you with a pending claim. Your insurer can then screw you over. This happened to me because I refuted a claim against and it dragged on for three years. The other party ended up dropping the case but my NCB still suffered and it cost me exactly the same had I opted to settle there and then.

twin_beacon

Settle.
If there is no way of actually proving fault, then a judge will probably say its 50/50, but you could be years waiting for the case. Something similar happened me in feb 2008, the court case was scheduled for feb 2011.

This is the reason I have a dash cam! Not only would the other parties insurance have settled, but he would also have been convicted of dangerous driving. He was taken to court based on our statements, but not enough actual evidence to get a conviction.

JustAThought

Any ccctv in the area ?

Vicxas

Settle,

And buy a dashcam.

Yawns

The insurance company can settle it 50/50 without your consent if they wish. They don't have to wait for you to make a decision. Might not seem right or fair but at least your insurance company is talking to you about it. Some people don't get communication from their insurer about settlements until they have already decided to settle.

MaceFace

Vicxas wrote: »

Settle,

And buy a dashcam.

Thanks folks.
I think I will settle.

Dashcam already bought - few posting in the Dashcam thread already :pac:

mickdw

I don't think the decision is yours to settle. Insurer can settle anyway they wish for best financial outcome for themselves.
50 50 settlement suits insurers anyway as they can then load up the premium for both parties as opposed to one.