A driver hit my car while parking and admitted blame - so why have my insurer settled for split liability?

When I was halfway into a parking space at school a car park, the car in the space next to me reversed out and bumped my car with significant force. She said she was to blame and we exchanged insurance details and contact numbers. I phoned my insurance company and they have now informed me it was a bump to bump incident. Therefore, I would have to pay for my car's damage by claiming on my own insurance, or pay for it to be repaired with my own money. The other driver reversed into my car, so how can this be classed 50/50 liability? Is it worth making a complaint against my insurance company?

Asked on 18 June 2018 by Cerith

Answered by Tim Kelly
Car parks are not deemed to be a road. This complicates matters as you will be advised to use them at your own risk. This doesn't mean the Road Traffic Act does not apply though. This area of ambiguity tends to lead insurers to classify accidents in car parks as split liability because it's easier than having to pursue the other party. This is because it will be seen as your word against the other driver's. Advise your insurer that you find the other party wholly liable for the incident, and that you wish for them to review the damage to your car and the other parties. Ask them to map the relative positions of both vehicles and the car park bays. Alternatively, contact a claims management company or raise a claim via Small Claims Court against the other driver. You will need to "quantify your loss", so will need to have your car inspected by an Independent Engineer to assess the cost of repair. Have a read of this too: www.honestjohn.co.uk/insurance/coles-v-hetherton-w...u
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