A neighbour reversed into my car and is blaming me - what do I do to stop the claim being 50/50 fault?

I have recently been involved in an incident where I reversed out of my relatives' driveway and was stationary on the roadside. A neighbour then reversed out of a parking bay and reversed into my door. On getting out of the vehicles, he said he hadn't realised I'd moved off the driveway because he was looking forward. However, he told his insurance company that I reversed into him. Although I have two witnesses who have confirmed what happened, they cannot be used as witnesses because I know them. His insurance company are now saying it will be probably be 50/50. Surely this can't be right. What can I do?

Asked on 1 December 2017 by Mike Brewer

Answered by Tim Kelly
Draw your insurer's attention to the area of damage on your vehicle compared to the area of damage on his vehicle. This will validate your explanation of the incident circumstances. Even though the two witnesses are known to you, they can still be used. It is reasonable in the eyes of the court for you to know your neighbour. It's his responsibility to ensure the road is clear prior to him reversing onto it. Ignore his insurance company, they know he is at fault. Speak to your own, or issue proceeding via the small claims court naming him directly as being responsible for the damage to your car.
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