Split Liability on seeming non-fault accidents - LucyBC

We seem to ge getting a spate of cases where people are being pressed by their insurers to accept split liability when they seem clearly to be non-fault accidents.

I have had one this week where the other oncoming driver clearly misjudged the gap in traffic to turn right crossing the client's lane and resulting in a collision and 4 injuries - the insurer has urged settlement at 70:30 against our client.

I have another where the vehicle crashed into the rear of a vehicle and causing very serious injuries. Photographs of the damage, police called.

Rear end shunt with no frontal damage is almost always a non-fault case for the vehicle in front. The bloke left the scene after handing over his details and before the police arrived and the insurer had to search the MID to find him.

Six weeks later he produces an "independent witness" who gives a statement saying the car in front "pulled out" - so the insurer recommends settling at 50:50 even though the accident report contradicts his version.

When our accident investigators attempt to contact the "independent witness" the address is derelict following a fire and has been so for some time.

It just seems that many insurers aren't willing to put any effort into investigating cases which would fall over at the first stage if any checks had been made.

Split Liability on seeming non-fault accidents - martint123

Yes, with insurers bleating about losing money and fraudulent claims you would have thought they would invest some time and money on more investigators.

I would have theought the savings would easily cover their wages.

Likewise, checkups on repair costs.

Split Liability on seeming non-fault accidents - LucyBC
Our accident investigators work on a no-win-no-fee basis.

Basically we assess the case and if we think there is something fishy about it or we can improve the client's position we will put them in.

Insurers are cutting costs so if there is any dispute they seem to want to settle 50:50. That's fine for them as although they are paying out they will usually be recovering more in higher premiums from you, their policyholder - and possibly locking them in to use them - sometimes for years to come.

Almost every bump we see in a country lane is now being attempted to be settled 50:50 whether or not one party was a harem scarem with a 20 metre skidmark behind them and the other was an elderly lady nestled in a passing place up close to the hedge.

The same seems to apply with roundabouts - "the Third Party was in the left lane. I was in the correct lane but the third party cut across me intending to turn right"; or "I was struck from the rear at a roundabout - the third party claims I rolled back into him but the approach to the roundabout was downhill".

The legal advice I would give is:

** always try and find an independent witness
** if no independent witness take as many photographs as you can
** make a plan of the scene - go back and do so if necessary
** make sure you record any skidmarks - measure, plan and photograph
** always seek a second opinion from me if your insurer shows signs of letting you down

Edited by LucyBC on 10/11/2010 at 16:19

Split Liability on seeming non-fault accidents - injection doc
Thank you Lucy. It all make sense now as I had my landrover struck whilst i was stationary by a young girl doing a good 40 + when there was no chance of her passing me in a single track lane. In fact I managed to put the landrover deep in a ditch, something that was obvious buy the accident damage as the scrape down the side went up the landrover at about 20° and became harder damage as she got to the end, but she didn't manage to stop untill another 100 ft past as she hit me so hard she lost control.
The most frustrating thing was the fact that the insurance company insisted on 50/50 as i didn't have a witness.
I took loads of photos and the skid marks & did an acurate plan but they were not having any of it whatsoever. In fact they said that the insurance assesor would be able to judge who was at fault by the damage but that never happened so i was lulled into a false sense of security.
I now have an incar camera fitted that recored time and date & GPS location and speed etc.
In fact i now have all four cars fitted with cameras and so does my daughter which worked out very much in our favour when a young lad jumped a roundabout when she was turning right. No issues , no problem, no endless paper work, all on camera job done
Split Liability on seeming non-fault accidents - LucyBC
A decent accident investigator would have visited the scene of the Land Rover incident and you would have been paid in full.

The "no witnesses" excuse should not operate when there is ample additional evidence.

I completely agree with you regarding in-car cameras. They provide excellent evidence in the event of a collision.
Split Liability on seeming non-fault accidents - daveyjp
Depends on the insurance companies and how lazy they are.

In Jan this year I had an accident - hit on my rear wheel by a car emerging between vehicles from a side road. No question his fault. All sorted in 7 weeks, my NCB intact. There were no witnesses.

Two days later a colleague had an accident which was almost identical to mine, except the third party hit her rear quarter panel so hard it wrote her car off. This has still not been settled - the latest from the other party being my colleague ran into the the third party.

All this is despite there being bundles of photographs of the accident immediately afterwards, photos of the damage to both cars showing one car with a staved in front and one with a huge dent in the rear quarter panel, statements from the police and witnesses etc etc.

No doubt this one is heading for Court.




Split Liability on seeming non-fault accidents - LucyBC
Tell her to contact me and I will put an investigator in to prepare an independent report. There is no charge for this and she does not need to be insured with us.

asklucy@honestjohn.co.uk
Split Liability on seeming non-fault accidents - Gill52

Hi Lucy, this is a long shot as this discussion was back in 2010 but I need some advise on Split Liability insurance claims and you mentioned that you can assess the case if it seems 'fishy' and possibly improve the clients position. I wont go into details at this point but wondered if this is still the case as I have a 'very fishy' situation that needs sorting out!!

Split Liability on seeming non-fault accidents - Rachaelink

If you run the circumstances by me I can see if something seems amiss

Split Liability on seeming non-fault accidents - Avant

Rachael - thank you very much - I get the impression from other posts that you have legal experience.

In case anyone new to us wonders who Lucy is - she worked for a company providing legal insurance and answered queries on here for free in exchange for publicity for her business. Her advice got gradually more controversial and erratic and the arrangement stopped in 2011.

We now rely on forum members helping each other, as I hope we did with your query on car buying, so any expertise is much valued.

Avant (moderator)

Edited by Avant on 12/01/2013 at 22:11

Split Liability on seeming non-fault accidents - jamie745

For a moment I thought Lucy was back!

Timewarp!

Split Liability on seeming non-fault accidents - Andy P

Makes the fitting of in-car cameras even more worthwhile - especially if you don't mention them at the time but keep them in case something like this happens.

Split Liability on seeming non-fault accidents - Rachaelink

I have worked in the insurance industry for many years, too many to mention. I have previously worked in Underwriting, however I now work in Liabilty motor claims.

I dont profess to know all, but I am happy to give advice where possible.

I have had some great advice on the thread I started, its a good wee forum.