Without prejudice payment, but not for passanger

TeaAndToast_2

Hello,



My partner and I were involved in a road traffic accident. The other party was denying responsibility, but has since changed their approach as the on scene police officer was going to attend court. My partner has been offered compensation for car and injury, without prejudice being applied. The solicitor said they would deal with mine seperately, and even said I could claim off my partners... As if, it wasn't her fault. My fear is that the police officer will not attend when it's my turn, and it will be my word against theirs. So what sould I do?

Quentin

Take the solicitor's advice. They know about these things!

Claim off your partner's insurance.

Her insurer will sort you out and pursue the third party insurer to reimburse them.

TeaAndToast_2

Thanks for the reply. Wouldn't that effect her no claims?

Quentin

If so only temporarily (till the insurer is reimbursed)

tasticz

The insurance company will pay out as they want you and your lawyers fees to be as low as possible because they are all in there for money so the after they make u go away with full settlement the cheaper for them then they will argue for whatever time it takes with other party insurance but in the mean time at least they know its not costing them anything extra on the side

InsideInsurance

Always worth warning your partner that the solicitor will be sending her some fairly "nasty" letters. These are stock letters and are sent irrespective of the relationship of the claimant to the defendant but have had a few customers in tears over the strong language solicitors use.

TeaAndToast wrote: »

Thanks for the reply. Wouldn't that effect her no claims?

Quentin wrote: »

If so only temporarily (till the insurer is reimbursed)

It will depend, the TP has agreed to settle their claim on a WP basis and so that doesnt include your losses. In theory if her insurers settle your claim, also on a WP basis then they can try and slip this through to the other TPI under the recovering their outlay however when quantum suddenly increases you may find the offer is withdrawn and so your partners insurers end up carrying the loss for your claim and so they have a fault claim and that impacts their NCD/Premium

TeaAndToast_2

Thanks again for the helpful advice. So I'm guaging that I should wait until my partners claim has been settled without prejudice, and then issue a claim myself. I just don't feel right going through her insurance company. Is there any benefit of going through her insurance, compared to using my own solicitor directly at the guilty party?

InsideInsurance

TeaAndToast wrote: »

Is there any benefit of going through her insurance, compared to using my own solicitor directly at the guilty party?

You'd use a solicitor to sue her or the TP. The only benefit is if her insurers admit liability or agree to deal with it on a WP basis first is you get the money quicker.

TeaAndToast_2

Would I be right in thinking I need a new solicitor as once a claim is settled without prejudice, they can no longer support me? Also; if it went to court, and was delcared 50/50 responsibility due to hearsay evidence, could I just take the 50% from the guilty party without anything coming from my partners insurance company?

Crazy_Jamie

TeaAndToast wrote: »

Would I be right in thinking I need a new solicitor as once a claim is settled without prejudice, they can no longer support me?

If you were only going to pursue the third party driver for damages, you could be represented by the same solicitor. If you intend to pursue your wife's insurance company, you would need a new solicitor, as it would be a conflict of interest for them to represent you in a claim against a client (your wife) that they have also represented in case arising out of the same accident.

TeaAndToast wrote:

Also; if it went to court, and was delcared 50/50 responsibility due to hearsay evidence, could I just take the 50% from the guilty party without anything coming from my partners insurance company?

I suppose there is nothing in theory preventing you from not taking anything in damages from your wife's insurance company. I'm not entirely sure this would prevent the matter from being registered as a fault claim against her though, bearing in mind there would be a judgment against her and the insurance company would have paid out legal costs to fight the claim up to that point. My instinct is that it wouldn't make any practical difference to your wife's claim history as it would be registered as a fault claim in any event with a 50% finding of fault against her, but it may be that someone with a better experience of the insurance side of things on her will be able to give a more definitive answer.

What makes you think that liability could be found as being 50/50 at trial? If you don't want a fault claim registered against your wife's insurance at all, even on a temporary basis, your only real option is to pursue the third party directly. That way your wife could give evidence in your behalf at trial without being implicated as a party. That said, if liability is found at 50/50 at trial against third party directly, they could then pursue your wife directly for half of their losses, so chances are a fault claim would be registered against your wife's insurance in any event with a 50/50 finding at trial, whether you take your damages from her insurance or not.

Quentin

TeaAndToast wrote: »

Would I be right in thinking I need a new solicitor as once a claim is settled without prejudice, they can no longer support me? Also; if it went to court, and was delcared 50/50 responsibility due to hearsay evidence, could I just take the 50% from the guilty party without anything coming from my partners insurance company?

Presumably your solicitor is being funded via your partner's insurance "legal cover"?

Which is why you say they wouldn't "support" you.

If that is the case then you can instruct your own now.

But bear in mind if you end up in court and get anything other than 100% in your favour that the other side will then be able to claim their share back off your partner (meaning her NCD permanently affected!)