She was stationary and the third party drove into the back of her, doing some damage to his front end. But nothing to our car.
As there was no damage to our car we did not need to put a claim in or anything, and as she was stationary she could not have been in the wrong, so we thought nothing of it. Until May 2011 when we heard they had claimed. Saying she had changed lanes and moved in front of the third party.
This was denied and our insurance backed us up. We heard they were not pursuing it further in Sept 2011. Now A YEAR LATER the insurance rings me saying they are pursuing it, and the best we can get is a 50/50 fault! Their reasoning is that we have admitted to being on the round about, so that is agreed. What is disputed is the time she was on there. They say she pulled out in front, we say she was stationary. The insurance said a judge would most likely favour the third party in situations like this, unless we prove otherwise with CCTV or a witness statement, neither of which we have, because it was so long ago!
Since there was no damage if we take a 50/50 we would love 2 years NCB, and that would be it but that is best case. Which is crazy.
Neither party has any proof to back up their claim so is what my insurance is saying correct that the judge will likely side with the third party?
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ex white Phase 1 Gti6, killed at cadwell park in November 07