My insurance company has decided on a 50/50 outcome - can I appeal?

I was involved in a collision when turning right into a multi-storey car park. It was roughly 5.15pm so it was dark, conditions were clear and dry. As I commenced the turn a scooter overtook me on the offside and collided with my OSF door and wing. Fortunately, the rider was not injured. I supplied the contact details of the third party. It seems my insurance provider has gone straight to 50/50 as they state that as I made no reference to checking my mirrors in accordance with the Highway Code, case law dictates that I must bear some responsibility, there is no mention of contacting the third party to see if they admit liability.

What is the best way to appeal this and the subsequent increase in premiums? Or should I accept the decision and move on?

Asked on 11 December 2019 by CJM

Answered by Tim Kelly
Accept and move on. There is a hefty amount of case law in this area, If I was to provide a review of it all, it would be a very very long post. Some could also argue that it is your fault. If you have not checked it is clear to proceed prior to proceeding, then that would be the finding. If you were stationary, indicating and the moped drove into you, 100% their fault. The instant your wheels start rolling? 50/50 in most cases.
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