Advice on 50/50 claim
23 September 2002, 06:56 PM
#1
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Can anyone advise,
recently had a front ender(not my fault- silly woman pulled out from side street into me, and claims i was indicating left, any way my insurance say it may have to be settled 50/50,
can any body tell me what will happen to my full NCB (unprotected)
will i lose it all, or some of it?
Thanx Stu
recently had a front ender(not my fault- silly woman pulled out from side street into me, and claims i was indicating left, any way my insurance say it may have to be settled 50/50,
can any body tell me what will happen to my full NCB (unprotected)
will i lose it all, or some of it?
Thanx Stu
23 September 2002, 11:05 PM
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You will lose some NCB, see if you can get a solicitor to claim for your uninsured losses, injury - excess etc. If they are successful and get an admission of liability, it should be possible to then claim for the damage to the car.
The insurance company solicitor would probably not be the best bet, instruct one of your choice. Will be tricky to prove unless you have witnesses or other evidence.
Good luck!
The insurance company solicitor would probably not be the best bet, instruct one of your choice. Will be tricky to prove unless you have witnesses or other evidence.
Good luck!
24 September 2002, 01:18 AM
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Its her word against yours but as 50/50 incidents go, insurance co's find these easier to deal with 
Id fight this one though, if she says you were indicating then she should have seen your car slowing down, this looks like she didnt and just carelessly pulled out [img]images/smilies/mad.gif[/img] now you could see if you can bring the police into this one by saying that she was driving carelessly by pulling out on you! but not sure without any evidence how it would work out.
Fight it though! she was in the wrong as long as your indicator wasnt on.
Tony
Id fight this one though, if she says you were indicating then she should have seen your car slowing down, this looks like she didnt and just carelessly pulled out [img]images/smilies/mad.gif[/img] now you could see if you can bring the police into this one by saying that she was driving carelessly by pulling out on you! but not sure without any evidence how it would work out.
Fight it though! she was in the wrong as long as your indicator wasnt on.
Tony
25 September 2002, 04:40 PM
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Hold on a minute!!
Surley this is her fault. She pulled out into you. You had right of way on the road not her. It is almost irrelevant that you had/hadn't got your indicator on.
I would argue this one out and keep to the fact that you didn't have your indicator on. This would obviously be your word against hers but like Tony says the police could charge her for careless driving.
It's like turning right into a junction and having a head-on with the car coming the other way, and then saying they flashed for you to go. Everyone will be getting away with it. She had no right to pull out of that junction even if you were indicating. She should have made sure which way you were going first.
A good solicitor would inform the other party's solicitor that you are going to go to the police over this one. She may then back down when she thinks there could be a chance of getting charged with careless driving.
J
Surley this is her fault. She pulled out into you. You had right of way on the road not her. It is almost irrelevant that you had/hadn't got your indicator on.
I would argue this one out and keep to the fact that you didn't have your indicator on. This would obviously be your word against hers but like Tony says the police could charge her for careless driving.
It's like turning right into a junction and having a head-on with the car coming the other way, and then saying they flashed for you to go. Everyone will be getting away with it. She had no right to pull out of that junction even if you were indicating. She should have made sure which way you were going first.
A good solicitor would inform the other party's solicitor that you are going to go to the police over this one. She may then back down when she thinks there could be a chance of getting charged with careless driving.
J
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