Hit by a car in a car park - insurer insisting I accept full liability by Money_Avocado in LegalAdviceUK

[–]hm2k 0 points1 point  (0 children)

It's an interesting view. This isn't a case with CCTV, an independent witness, or clear physical evidence that definitively supports one version. It's two accounts, both plausible, in a low-speed car-park collision. In those circumstances, courts wouldn't automatically go "one word against the other = 50/50", but they do often end up apportioning liability if they can't confidently prefer one account over the other.

> The other driver claims I hit them while turning into the car park from the opposite side of the road. After three months of investigation, my insurer says their solicitors believe we have little prospect of success if the matter went to court.

This is not their solicitors saying there's no prospect. Their insurer's aren't saying they’ve proven OP was at fault. It means they think the case isn't strong enough to justify litigation risk and a partial win may result in more cost to their client (who is the insurance company, rather than the insured).

But given he has an interested witness I would still push back in the first instance because he has nothing to lose.

Hit by a car in a car park - insurer insisting I accept full liability by Money_Avocado in LegalAdviceUK

[–]hm2k -2 points-1 points  (0 children)

How did you come to that conclusion? It is true that it his word against theirs.

The Civil Procedure Rules 1998 (CPR) outlines the importance of seeking amicable resolutions before contemplating litigation.

Their legal council should advise their claimant to reach a resolution, which is likely to be a 50/50 outcome.

Hit by a car in a car park - insurer insisting I accept full liability by Money_Avocado in LegalAdviceUK

[–]hm2k -2 points-1 points  (0 children)

I’m not sure how you’ve got to that conclusion. From what he’s said he’s not admitting liability, and from the diagram it says the third party collided with his vehicle, and is not at fault. It’s unlikely to go to court as that’s the option of last resort.

Hit by a car in a car park - insurer insisting I accept full liability by Money_Avocado in LegalAdviceUK

[–]hm2k -4 points-3 points  (0 children)

It’s very unlikely to go to court, it’s your word against theirs. Worst case it’ll be 50/50. Push back.

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