Insurer wants me to settle 50/50 for accident

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Back in October I was involved in a car accident in which, as I was exiting a roundabout in the second lane onto a dual carriageway, a man drove right across the exit into the side of my car. He had come up from England and missed the turn off for his hotel, and tried to drive all the way round the roundabout in the wrong lane right into the side of me. At the time he seemed to admit fault, but has since claimed I was responsible and that I was in the third lane and wildly swerved to exit the roundabout without indicating, all of which is false. There was also a witness to the accident, who stopped to make sure we were ok and I believe was also the one who called the police to the scene of the accident. She agreed on the phone with my insurers to give a statement of events, but they say they haven’t received anything back from her. Having text her myself she made out that she had replied to the questinnaires they sent out and that she had a copy and would resend, yet still they claim not to have received anything from her, and that she hasn’t responded to calls and voicemail since. My insurance company is saying that they can’t prove anything without her and that 50/50 is the best they can do.

I just can’t accept that though, and I’m really unimpressed with how my insurer has handled things (Esure, if you’re wondering. The last time I ever buy from them). They seem to be putting the minimal amount of effort in and even had me chasing up the witness for them, despite constantly reminding me that 50/50 isn’t ideal for them either.

I was hoping to get some advice about a few things, as it is my intention to take this to court if I have to, but I have no experience or knowledge of how that would go. For starters, if it does go to court, I assume we would both have to be there in person? And I also assume it would take place in proximity to the accident? Is that right? I wonder if that alone would be enough to make them drop it since I am in central Scotland and they would have to travel up from England if that’s the case (although it’s hard to say since I don’t know how much money they would stand to save since my insurer says they haven’t received a price for the cost of damage to their vehicle, which seems strange to me).

And if it did end up in court, would I have a leg to stand on without a witness? In common sense terms, everything points in my favour. The fact I have driven that roundabout literally hundreds of times and he in comparison had never driven it before. The fact he had just missed his turn off, and was probably rather flustered as a result. The fact he tried to cut across a roundabout exit in the wrong lane, regardless of what my intentions were. None of which he disputes in his claim. In addition, his statement claims that I crashed into the side of his vehicle, which is provably false by the damage to both vehicles and surely casts doubt on his version of events. There is also the fact he does not mention the witness at all in his written statement and even goes so far as to say “No one else involved. No pedestrians.” That to me seems like a pretty telling omission. Yet none of this actually PROVES anything, it’s just highly suggestive. Is that enough? Or am I destined to lose if it goes to court?

Any advice would be greatly appreciated.

Last edited by Simpss; Today at 1:11 PM.

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