If no one admits liabilty to a car accident then what happens??

james2005

Will i still be compensated as if the other party did admit liabilty but of course they havent, the traffic police couldnt find who was at fault.

Part of the claim is being dealt with by DAS Legal and they seem to be taking forever, I am also waiting for them to sort out physiotherapy for quite severe back and neck injury sustained.

Please advise

mikey72

You'll take the other insurer to court, and they'll take you. The judge will decide who pays.

james2005

Thanks, So my insurer takes them to court? If the police cant decide who's fault it was surely that will be hard for the judge to decide?

Thanks

scheming_gypsy

Were the traffic police just going off the scene of the accident or did they have all the evidence and statements that would be put in front of a judge?

Keith

It depends on the accident, what happened?

With mine, we blamed each other, the other driver was charged with driving without due care, based on case law the insurance settled 50/50.

bigjl.

Keith wrote: »

It depends on the accident, what happened?

With mine, we blamed each other, the other driver was charged with driving without due care, based on case law the insurance settled 50/50.

Was the other driver actually convicted?

marlot

The police will be looking for evidence to support a criminal prosection - where the test is 'beyond reasonable doubt'

You (or your insurance company, if they can be bothered) will be looking for a civl prosesuction - where the test is much lower - "on the balance of probabilities".

Don't give up just because the police aren't prosecuting

PsiDOC

If all else fails then sue the other driver. I am sure they'll be doing it to you as well. Sadly it's not just enough to have insurance these days you need legal cover as a must as well.