I would like someone's help on this. I was driving along in a 30mph area (I was doing about 25mph) when I saw 2 cars waiting to turn left into a side road. There was no oncoming traffic so I pulled towards the centre of the road to overtake when a car pulled out of the side road and hit me head on. (my car was written off) There was space on my off side if he had pulled right across. When I got out of my car I asked the other driver if he was OK and he said "I didn't see you"& " I thought the road was clear". I obtained lots of photos and a witness who has produced a statement categorically stating it was the other drivers fault.
My insurance company have appointed a "solicitor" company to act on my behalf for the liability as I suffered some injuries. After almost 3 months they have now come back suggesting a 50 /50 split quoting the cases Pell v Moseley and Ogden and Chadwick v Barber. I have looked at these cases and they are nothing like my accident. I have found a few cases on the internet Smith v Kempton & Barnes v Hudes which are more like what happened to me.
I don't feel I should accept 50 /50 when it seems a clear case of him pulling from a side road into a main road when he could not see clearly, plus he virtually admitted liability at the scene.
My insurance company have appointed a "solicitor" company to act on my behalf for the liability as I suffered some injuries. After almost 3 months they have now come back suggesting a 50 /50 split quoting the cases Pell v Moseley and Ogden and Chadwick v Barber. I have looked at these cases and they are nothing like my accident. I have found a few cases on the internet Smith v Kempton & Barnes v Hudes which are more like what happened to me.
I don't feel I should accept 50 /50 when it seems a clear case of him pulling from a side road into a main road when he could not see clearly, plus he virtually admitted liability at the scene.
