Collision sees driver and passenger injured in what insurers say was a 50:50 accident. I disagree and want to recover my damage and seek compensation. Should I be getting a solicitor to represent me?

I was involved in a road accident at a roundabout in Liverpool where a driver in the left hand lane planning to leave by the right exit carried on right round without a signal. I crashed into the side of her causing damage to her right side and my front. Witnesses will state this was a correct version of events and my view is it was clearly her fault. My motor insurer now says they plan to settle for the vehicle damage on a 50:50 basis. Can you outline what this means, whether it will affect my four years' no-claims-bonus and whether I should be permitting them to do so. Furthermore both I and my workmate passenger suffered a whiplash injury in the collision and we were planning to make an accident compensation claim for our injuries against the other driver. Will that still be possible in view of how my motor insurer is seeking to deal with my claim?

Most roundabout accidents will automatically be treated by the parties' representatives as potential 50/50 settlements unless there is sustainable independent witness evidence to demonstrate the negligence of one of them. Some witnesses in this type of accident incorrectly attribute blame through their lack of understanding of the Highway Code. However, no two claims are identical and you will need good professional advice before you make any decision as to your claim.

If your insurers pay a penny to your opponent, let alone 50% of the claim, this would be treated as a "fault" accident and your No Claims history affected. If you use an insurance broker, you may be able to get advice as to how much this would increase your premium and you may have a protected No Claims bonus in which there would be no effect unless you had had other accidents.

As to whether your insurers can settle the claim against your wishes, this may depend upon the policy wording but as you have suffered injury, you need a solicitor acting on your behalf who can take a robust line with your insurers to ensure that they do not prejudice your claim before a decision has been reached by you. On a 50/50 basis, you would of course only get 50% of the value of your injury claim.

Finally, your passenger's claim will succeed in any event. However, you and he have technically a conflict of interest and as there is very clearly a dispute as to liability, he must be separately advised. The Roadside Lawyer can arrange this for both of you if you wish. Please call us on 0800 066 99 07 for more information.

In reality, your insurers may pay his claim in the first instance (without prejudice), then recover the appropriate share of their outlay from the other driver's insurers. This would be better for you as you can then use your passenger as a witness, which is not possible if he is obliged to bring a claim against you.

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