A car undertook me in fog and damaged my car - is 50/50 liability a fair outcome?

I had an accident on 10 October 2016. It was a foggy and wet morning, around 6:20am, and vision was around 100 - 150 metres. So I was using my front and back fog lights. A driver was tailgating me and and flashing his full beams, so I slowed down from 40 to 15 - 20mph for him to overtake. Instead, he continued with this behaviour and, after about half a mile, he tried to undertake me. He misjudged the distance and, to avoid oncoming traffic, clipped our cars. We exchanged details but now he's trying to blame me. The insurer's appointed solicitors got involved and asked me if I would be happy with 50/50 liability. I stated that I'd go 50/50 in order to get it sorted, but now as he's given a false story to my insurer. Damages to the car dissolve his story (my front right wing and his back left wing are damaged). Should I pursue him for full blame and for obstructing the course of justice?

Asked on 11 September 2017 by mrbumm92

Answered by Tim Kelly
Firstly, never make a choice based on convenience, you may well prejudice your legal position. Secondly, advise your solicitor that you don't accept liability in any way and that you hold the other party wholly liable. Make sure your facts are clear and documented and make sure you provide a detailed picture by way of a map showing the relative positions of each vehicle in starting and finishing positions. Make sure you can clearly see that your explanation of events is most probable. You can also raise a counter claim for your losses in full, speak to your solicitor about it.
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