it's impossible for insurance companies to prove and even if they could, they don't have the power to decide. That's a matter for the courts and the ombudsmen.Ok i didn’t know that, But how would they determine wether being over .05 cause an accident or not?? I thought in regard to third party part, they sue the driver?
At the end of the day insurance is a cost plus model and they want claims. That way they can justify their premiums.
I found it absurd when I found out how it worked. A druggie was stoned out of his head and side swiped me. I was under the impression a drug fkd driver who was so stoned couldn't speak without that drug fkd slur, would automatically be 100% at fault.........but sadly no. My insurance company waived my excess, only because they made an error otherwise it would have been equal fault.
I questioned my mum, who worked 40 years in insurance and that's when she explained how it worked.