Why is my insurance company settling a minor damage claim 50/50?

In September my wife was involved in an accident in our local supermarket car park. She was waiting to reverse out of a space until a van had passed her. The van cleared her car and she began to reverse. The van then also began to reverse and hit my wife’s car on the driver’s door, causing damage. The insurance company, Aviva, was very good and the car was repaired within two weeks and we had a hire car whilst the work was done (no claims management involved). We submitted clear statements and diagrams showing what happened and my wife is certain that the van was clear of her parking space before she moved. I think that the damage was to the driver’s door and not the rear panel or rear door supports this view.

I have been very annoyed to be told by the legal team at Aviva that this claim has to be settled 50:50 as both vehicles were reversing at the time. They have told me that all accidents of this nature are settled in this way and that there is no point in going to court or challenging the offer as I run the risk of not getting any of my uninsured losses back.

Asked on 28 January 2012 by AM, Milton Keynes

Answered by Honest John
It doesn't make any difference. There would be a claim registered against your record and your premium would rise as a result anyway.
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