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Insurance claim - how can I dispute split liability?

Earlier today I had a front end collision in a country lane in my village. The other vehicle was travelling too fast and drove straight into me and was travelling in the middle of the road. My car suffered damage, and I am sure it will be written off. My insurance company has determined split liability, but I have disagreed and they have appointed liability investigators. I have taken pictures and sketched the scene. My question is twofold: What are my chances of succeeding in proving liability (is it common/rare) and is it worth buying my car back and repairing it myself?

Asked on 19 November 2016 by laura

Answered by Honest John
Highly unlikely that the other party's insurer will accept all the blame on the basis of your evidence. It's much easier for them to do it 'knock for knock'. Nothing to stop you separately attempting a Small Claims case against the other driver directly. You may win. You may lose. These days, insurers love a quick settlement with no chance of accident management outfits making a profit at their expense. So make it clear you are prepared to buy the car back. Try to get them not to write it off and to simply offer you cash settlement.

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