RTA liability, please advise

FUNKYDADDIO

Hi, a third party crashed into the back of me a while back but they are now offering a fifty:fifty deal. I have said no but my claims handling agent is now saying they may have to settle for a "without prejudice" resolution which I really don't want as I am not to blame. They are citing lack of witnesses and no police called as the reason. Can I challenge this? And if I do have to take it to court myself any ideas how much it will cost? Also would the financial ombudsman be off any use? Many thanks..

Mistral001

Are you insured fully comprehensively or have claims protection on your policy?

vax2002

Tell the insurance to BUT OUT
sue the other driver in court.

Golden_Anemone

Funkydaddio, something similar happened to me about 10 years ago. The 17 yr old who reversed into my car and was profusely apologetic at the scene did a complete U turn within 24 hours, probably on the advice of his parents who are upstanding Co Down business people who also sent me a solicitors letter threatening legal action if I repeated my "false claims" to my insurance company. :eek:

Fortunately for me my insurance company were inclined to believe me and appointed a solicitor. It was my word against his but over the following 4 months he made more and more elaborate false statements to back up his claim. Every time he made a claim I repeated the same account - easy as it was true. Eventually when he announced 4 months in that I had been on my mobile phone when I drove into his car and I produced my itemised bill to show I hadn't made a call on that evening his insurance company accepted liability on his behalf and paid up.

I would however not have had the funds to pursue it independently had my insurance company not supported me. As there is no such thing as "no win, no fee" in NI I would be cautious about following Vax2002's advice here. At the very least see if you can get an initial free consultation with a solicitor to ask their advice before you pursue this on your own. They will be able to tell you what potential costs you could face if you were to do so and lose. Sometimes, even though it hurts to do so knowing you are in the right, there is no alternative but to settle for 50:50.

Good luck.

FUNKYDADDIO

Thanks Guys, I really pushed the local claims handling agent on this on two fronts. One, the claims agent was representing both parties for their respective insurance companies and I was getting the impression the outcome was therefore not overly relevant to them and secondly I informed him that I would be going to the ombudsman around this if they pushed ahead against my wishes. Having gone and spoken to a "director" and the other parties insurance they have now decided to accept full liability. How the other party thought they had a case still beggars belief.......Thanks again..

maguim

Similar thing happened to a relative of mine with the other driver clearly at fault and now claiming to have several witnesses (who weren't even at the scene at the time!!!). Problem is the cost of legal proceedings is often prohibitive for Insurers to risk going to court as they could end up paying at least their own (i.e. you, the innocent policyholder's) legal expenses if the judge decides it is a split liability case. Did you check that your claims agent even has the authority to decide who is at fault and that they have referred your case to your Insurance company? Is your Insurance Company locally based also?

gawa75

FUNKYDADDIO wrote: »

Thanks Guys, I really pushed the local claims handling agent on this on two fronts. One, the claims agent was representing both parties for their respective insurance companies and I was getting the impression the outcome was therefore not overly relevant to them and secondly I informed him that I would be going to the ombudsman around this if they pushed ahead against my wishes. Having gone and spoken to a "director" and the other parties insurance they have now decided to accept full liability. How the other party thought they had a case still beggars belief.......Thanks again..

Excellent work chief. See what happens when you stick to your guns and demand to speak to the big bosses. If that failed, threaten them with going to the BBC! :beer::rotfl:

FUNKYDADDIO

gawa75 wrote: »

Excellent work chief. See what happens when you stick to your guns and demand to speak to the big bosses. If that failed, threaten them with going to the BBC! :beer::rotfl:

You mean I could have got on to watchdog...?!?!?.....gutted...lol...