There is a legal part of it called a part 36 offer, its where insurance companies come up with a offer to settle the liability or final settlement. Say if the say 75% 25% split and you refuse this and it gets decided by a court, if the courts say 60/40 or 50/50 then becuse they submitted a part 36 offer previous to settle then the person who refused the offer are liable for ALL costs. Same as compensation money say they offer you 10k in compo and you refuse it. it goes to court and they award you £9999 you would have then to pay all costs as the other side tried to settle it via the part 36 offer. when settling these claims they always go on about case laws, which is previous cases that have been dealt with and their outcomes. They often have a good reflection on what will happen eventually.