Advice needed about my rights regarding a 50/50 claim please

cjm500

In November of last year I was involved in a crash on a roundabout. Both insurance companies initially decided on a 50/50 liability, though the third party were not happy with this any wanted to go to court. As my excess was £500 on the car I decided to pay for the repairs doing out of my own pocket.

In court the judge decided that this was 50/50 liability and wrote out a judgement. Afterwards my barrister advised me that as it was now officially 50/50 I would be eligible to claim back 50% of the costs I had paid out for the repairs to my car from the third party's insurance company.

I've been in touch with BMW insurance and after a lot of phone calls and letters have eventually received this response from them:

"We write further to your recent correspondence and confirm that your outlay was not presented at court as the judgement does not consent that we are ordered to reimburse your losses. We assume that your insurers/Solicitor's [sic] did not present your outlay at court and would recommend that you follow this matter up with them directly as we are not liable for any payment."

Just wondered if someone who knows a bit more about all this than I do could clarify whether this is actually the case and give me a bit of advice.

Thanks in advance
Chris

huckster

I think the Insurers are correct in stating that if you incurred any costs as a result of the accident and it was possible that the courts decision could convey liability to the 3rd party/Insurers, there would have to have been disclosure.

You need to speak to the legal people that represented you. They appear not to have provided the court with this information.