Post
by Shiny » Sun Jan 27, 2013 7:46 pm
Police won't attend unless there was injury or the accident was causing traffic problems etc.
Despite what people think, a police report can only describe the aftermath, not the incident, unless of course they witness it. They will take statements, each will blame each other so it probably won't have changed the outcome.
Your witnesses will help, but are generally not admissible as they are not independent, unless you are in Scotland.
Also, if you have comprehensive cover and decide to claim for your own damage and your insurers declare your vehicle a total loss (ie write off), you can't tell them you don't want it written off! That isn't how it works. You may be able to renegotiate with the loss adjuster/claims assessor if you can demonstrate you can get the parts etc, but it is generally unlikely. The only way would be to withdraw your claim for your own damage so it doesn't end up being registered, as long as the insurers agree to this.
Likely outcome will be 50/50 unfortunately, you can claim 50% of your damages/loss/injury from her and she can claim 50% of her losses from you. You both lose your ncb.
You may be lucky and find your insurers are happy to push for 100% liability, but bear in mind she is convinced it is your fault so an put out court split liability settlement will be the most likely outcome, if only to keep the legal costs of the claim to a minimum.
BTW, knock for knock rarely exists anymore, this was an agreement between insurers where each are responsible for their own costs and is a different thing entirely to split liability.
then it was my fault i hit him 
