Anyone had a car accident which is not your fault and not lost excess?

**kittikins** · 20-06-2012, 08:30pm

Had a car accident last week, completely other man's fault. Am fine but car written off. Waiting to hear what price they offer me. The other man had 3rd party insurance only (i.e. if he admits liability he won't get £ back to repair his car), and at the scene was claiming not to remember anything. Witness saw whole thing and has given police statement, although I don't know what she said.

Have been stung by insurance company before so am anticipating the worst. Has anyone had an accident where their company hasn't tried to persuade them to go 50/50?

**claireh** · 20-06-2012, 09:07pm

I'm really sorry to hear that Kittikins.

Someone crashed in to me on the M25. I think they had just lost concentration and drifted across the lane.

At first they said they wanted to sort it out without the insurers but when they realised the cost of repair we had to call in the insurers. They admitted full liability and it didn't cost me a penny. Actually it does put up my annual premium a tiny bit even though it wasn't my fault. I didn't lose my excess.

**Mrs B** · 20-06-2012, 09:16pm

I've had 2 accidents where it was totally the other persons fault; never lost my excess or had my premium put up, so hope you should be ok. There was never any suggestion that the bill should be split, but to be fair both times the other person admitted it. Hope you're ok.

***kate*** · 20-06-2012, 09:40pm

I'm in the middle of this at the moment. They've offered 50/50 but as it definitely wasn't my fault, I've turned it down and I'm waiting for them to respond. You've reminded me to chase my solicitor tomorrow!

I'm hoping I win my case. I have a witness statement saying it wasn't my fault (my second witness pulled out at the court stage as she said she didn't want her name and address available to the court, understandable I suppose, but frustrating) and the solicitor is advising that I go to court if the other party don't settle.

**lazalot** · 21-06-2012, 10:36am

Yes, i have had an accident which wasn't my fault. As I had fully comprehensive insurance I just rang them thinking that was what I was supposed to do, wished I hadn't later as they wanted to write off my car.

A Biffa disposal lorry reversed into me, if the witness hadn't stopped them I hate to think what the final damage would have been, the poor woman had to put in reports to their insurers, who tried to say it was my fault, to my insurers who I got involved as I said above. I wish I had got the police involved, that happened to be the one day when the community police were not up at school which is where it happened.

In the end, it all got sorted, eventually, thanks to the witness statements really. I was not offered 50:50, my fully comprehensive insurance paid me and, in the end I had my excess returned because they finally accepted liability. And I got my car fixed thanks to finding a much cheaper garage willing to do the job for a fixed fee as I didn't particularly want to lose my car which is still perfectly roadworthy.

The insurance company will not want to pay you much for your car, best to try and work out what the market value of it was before it was written off in order to be prepared to argue if you think it was worth more than they are offering.

Good luck, glad you are not hurt, it is horrible to go through, frustrating and annoying,

**kittikins** · 21-06-2012, 02:22pm

Thanks for the advice girls. They have contacted me this morning and offered me an amount which I am happy with surprisingly, although of course they are taking the £150 excess off. I am just suspicious because of the other drive only having 3rd party insurance that a 50/50 split may be likely, will wait and see.

lazalot that's terrible having a lorry reverse into you!

**bubbasweet** · 21-06-2012, 04:08pm

I think it's often the norm for the party at fault not to accept liability to start with so don't be put off if that happens. 3rd party shouldn't make any difference (we only insure our car 3rd party because fully comp costs 50% of the value of the car every year! Nite worth it at all) - your insurer should be working for you and if they come back with 50/50 it's just because if they can get you to accept that it's less work and therefore less cost to them.