Insurance not admitting liability

James_hughes1985

Hi there,

I was working on the highway up in Scotland when I was struck by a vehicle who ran a stop sign, to cut a long story short he got banned for dangerous driving, I was advised to seek compensation, to be told yesterday that the other parties insurance is not admitting liability,

Can someone please shed some light on how this can happen

I can't post the news report because I'm new and not allowed to post a link, but if you would Google :

Motorist fined and banned for driving at workman on A82

paddyandstumpy

What is their reason for refusing liability?

James_hughes1985

I'm not to sure, it was my solicitor who told me they are denying liability, the case to me is pretty conclusive and sine the chap got banned and fined it's pretty evident he was in the wrong

paddyandstumpy

Perhaps ask them?

James_hughes1985

I have tried but all I got from my solicitor was "they have until the 20th of December" but how can they deny liability now and still have until the 20/12/16 to decide what they want to do??

noh

Compensation for what?
What was your loss?

paddyandstumpy

noh wrote: »

Compensation for what?
What was your loss?

I thought that initially, but to be fair to the OP it does say in the article his feet were run over more than once.

I'm going to hazard a guess at compo for some pain and suffering?

agrinnall

https://www.pressandjournal.co.uk/fp/news/highlands/905320/motorist-fined-and-banned-for-driving-at-workman-on-a82/

Is a motorist's insurer liable for the consequences of the motorist's illegal actions? Perhaps you should be suing him personally rather than his insurer.

Aretnap

agrinnall wrote: »

Is a motorist's insurer liable for the consequences of the motorist's illegal actions?

Yes they are.

Added: There might be a sort-of get out for the insurer if this was deemed to be the result of a deliberate act, and the policy excluded deliberate acts. However refusing the claim on those grounds would be a hollow victory for the insurer as the OP could instead make a claim through the MIB, who would then knock it back to the insurer under Article 75, so the insurer would still end up paying.

James_hughes1985

Well I was told to claim for the crutches, the 10 days held up in a caravan off work in a quarry in Inverness and pain and suffering etc, I told my solicitor what had happened and they told me to leave it with them and now I'm here still non the wiser

FutureGirl

The insurers would have told your solicitor why they're denying liability.

Eventually your solicitor will (should) take the insurer to court.

These types of claims do take time, there not over and done with quickly unfortunately.