Yes believe it or not, they say 50/50 The LR owner is threatening them with ombudsman and court action though. Can't blame him on the evidence!

 LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Good grief

I can't believe that there was so little damage! What do you think his chances are of a successful outcome?

Neither had stopped so probably that's how it's seen, the Merc was certainly the faster car. the decision would be taken on whether either car could have stopped if both were doing the FL1's speed. my PC is slightly to the right of Genghis
2012 HSE SD4 In Orkney Grey now gone, best car ever.

If you drive after an MOT failure are you invalidating your insurance? 3 x FL1 2 manual + 1 auto
5 x FL2 4 manual + 1 auto
Now Discovery Sport P250 MHEV SE

Dartman the one wrote:

Neither had stopped so probably that's how it's seen, the Merc was certainly the faster car. the decision would be taken on whether either car could have stopped if both were doing the FL1's speed.

No you can drive without an MOT. I think the insurance words it as roadworthy but a fail does not automatically cancel the MOT if it has not run out. Mine, Saab convertible
Hers, MY08 GS auto

both too fast, blind bend, narrow road (half stopping distance) = crawling speed. (Should have beeped his horn to warn other road users). Worth an appeal though.

I don't think the LR was going too fast, dash cams make it look like you are going a lot faster than you actually are, especially down narrow lanes, and he visibly slows up a lot before the bend. However I would still expect the insurance companies to go 50/50 though, easier for them. 
Hung like Einstein, smart as a horse.

I would definitely say it's worth an appeal. The Merc was going too fast for the bend; the simple rule being you should be able to stop in the distance that you can see ahead. The FL had slowed down ahead of the bend and there was no visual indication that the Merc made any attempt to brake ahead of the collision.

You can argue with your insurance until your blue in your face the class all accidents on narrow country lanes as knock for knock 50/50 unless there is road markings present.

My brother has his 53 plate freelander written off 2 weeks ago in the narrows coming out of Harberton ford in devon. He was stationary with his hand brake on when he noticed a women driver driving a Left hand drive American camper van which was being driven between both lanes. Lucky for him where the impact occurred there was white divider markings. His landy was scraped right up the whole side. He had chrome side bars which due to the impact twisted the chassis.
He was told on the phone that if there was no road marking then it would be a 50/50 accident.

Is there any news on this one?

Not heard anything and nothing in the comments section. One comment though speaks of a similar situation where the insurance company were taken to court and caved in just before the hearing. Tis like a game of poker! LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Thank you for the update