About three weeks ago a friend was returning home, mid afternoon on a dry day and was probably doing between 30 and 40mph. She was coming round a gentle right-hand bend when she saw, some 250 yards away, a car coming towards her. She realised to her horror that it was on her side of the road, moving very fast towards her. She braked hard and was pulling over to the extreme left side of the road on the edge of a ditch, when the other car hit the side of her car, pushing her off the verge and into the ditch. The other car then continued on its trajectory and plunged into the ditch a few yards further up on her side of the road.

Our friend and the other driver were helped out of their cars by a motorist who stopped and called the police and paramedics. The police came, took statements, then, because there were no injuries, they left. Both cars are write-offs. The other driver is now saying our friend drifted into the middle of the road and was therefore partially to blame. Our friend’s insurer is taking the attitude “it’ll have to go 50/50”. So our friend will lose £550 excess, will be paid only £5400 for her 2005 Audi A4 quattro convertible and will lose her no-claims discount. I would appreciate your advice as to the best way to proceed.