Car Insurance Claim

[Kathyan]

My husband was reversing out of a space in the doctor's car park and had stopped to make sure it was clear when he was hit by a woman who was also reversing out of a space opposite (not directly) and she hit him. He rang his insurers and they said it would be settled on a 50/50 basis and that he wouldn't lose his no claims. His car was repaired and he paid his excess and we thought that was the end of it. Then he received a letter on Monday to say that they hadn't received any money from the woman's insurance company and that they had instructed a solicitor to take it to court. We can't work this out as they said it was going to be a 50/50 settlement. Does this mean she has admitted fault?

[fiction-factory]

If it was 50/50 I would have expected that to count as a claim. I am surprised that your insurer treated it as 50/50 though if your husband was stationery- although perhaps they knew it could never be proved if the other side said both cars were moving.
Anyway, your insurance company are in the best position to advise now.

[fiction-factory]

stationary!

[Kathyan]

She did admit fault to my husband at the time but I suppose that could have changed when she got home and spoke to her husband or when she spoke to her insurers. I'll get my husband to ring his insurers when he gets home from work.

[EDDIE51]

It is the other driver's insurance company that they are taking to court not your husband. Just let the insurance companies sort it out between them.

[fiction-factory]

I'm pretty sure that's what Kathyan meant, Eddie. The letter may mean they haven't been able to claim her uninsured losses /excess back yet.

[Kathyan]

Yes that's what I meant Eddie. He's just had another letter from his insurers but I don't know what's in it, obviously. I'll let you know later. Thanks fiction.

[EDDIE51]

Yes exactly but that is not Kathyan's concern it is up to the insurance company to sort out. As it is 50/50 there will be no 'excess' or uninsured losses to reclaim from the other side.
I still don't understand the insurance company saying that Kathyan's husband will not lose his NCB ( unless he has a policy that has a protected NCB). A 50/50 claim is regarded as a claim by both sides each pays their own costs and stands the loss of the excess.

[EDDIE51]

This can only mean that the other insurance have not paid their share of the total claim. In a 50/50 claim the total losses are added up and split 50/50 between the 2 insurance companies. If person A had losses of £500 and person B had losses of £10,000 the 2 are added together and each side pays £5250 . Not fair to person A but great for person B , but as you can realise, over time it all evens out for the insurance companies and they the save time and expense of chasing claims through the courts.

[Peter Pedant]

agree ed
I am astounded that one insurance co is suing another one
they usually roll over and say -yes OK my client will stand all the loss ....

of course you dont know all the documents
and as yu say your husband has been sent another letter