Car Insurance/Accident - help me I'm clueless

Fumblebee

Hi all.

I was a passenger in a car 2 years ago which was hit by another driver. Our car was driving down a main road and another pulled out of a petrol station and hit our drivers side.

There are lots of (I assume, irrelevant, let me know if you need more info) details but ultimately here are the facts:

- my partner (who was driving our car) was paid for the written-off car. His insurance said the other driver was at fault and they would claim the cost from other driver's insurance.

- I have a solicitor who has filed paperwork etc to claim for my injuries. I've been for a medical, signed court papers etc as my solicitors said letters were ignored by the other party.

My solicitor recently sent me a letter saying 'if' the other party (I assume the other drivers solicitors/insurance) lose then they agree to settle for £xxxx' I signed a letter to agree and now we wait. Court papers have been filed.

Now they are telling me that nobody has admitted fault and only if I 'win' will I get this settlement but this won't necessarily have to go to court.

I thought the payout for my partners car WAS an admission of guilt/fault. Is it not?

Does anyone know what my solicitors mean, they were very careful with their words and I really don't understand where we are up to.
I don't have long term injuries, they are now gone with it being over 2 years later. It has just dragged out this long.

Crazy_Jamie

Fumblebee wrote: »

I thought the payout for my partners car WAS an admission of guilt/fault. Is it not?

On the wording of your own post it's not necessarily the case that the third party's insurance company have paid out for your partner's car. You mention that his insurer thought that the third party was at fault and intended to claim the cost from their insurer, but you don't say whether or not they accepted that, or indeed whether the money was ever paid.

In any event, even if the money was paid and can be and often is paid on a 'without prejudice' basis, that is to say without admission of liability. So no, the payout is not necessarily an admission of fault.

Fumblebee wrote:

Does anyone know what my solicitors mean, they were very careful with their words and I really don't understand where we are up to.
I don't have long term injuries, they are now gone with it being over 2 years later. It has just dragged out this long.

From the wording of your post it doesn't sound like the issue of liability has been determined. The statement that the other side have agreed to settle for 'x' amount if they lose suggests that quantum of your claim has been agreed subject to liability. In other words, the other side have agreed on the value of your claim but do not accept fault. The statement that you won't necessarily have to go to court simply acknowledges the fact that your case may still settle, as indeed many cases do.

As to where your claim is actually up to, only your solicitors can answer that. Do you know whether a claim has actually been issued? Have you been asked to read and/or sign Particulars of Claim, a disclosure list, or a witness statement? If the claim has been issued those three documents would need to be checked and/or signed by you in that order, so if you have done that it would give some indication of where your claim is up to. Equally you might have been told the date of the trial (if one has been listed), which would give also give some indication of where you're up to.

If you answer those questions I can give more guidance on where you're up to, but really the best person to ask is your solicitor. Just call them and ask where the case is up to and what the next steps are. They should be able to give a straightforward answer.

Fumblebee

Thanks for your reply.

The reason I was careful with the wording is that our insurance paid for the car and said the other driver was at fault so it was settled their end. However I have seen no paperwork to verify this ( it was paid very quickly after the accident ) So I will check that.

I wasn't sure if admitting liability with regards to the car damage also means they are liable for my injuries...Not sure how it works.

And with regards to my solicitors, honestly this has dragged out so long with so many pieces of paper sent to me that I don't remember but they don't give me a straight answer really.

I have signed small claims court documents and they said that the other guys solicitors/insurance had 28 days to respond. They never did but 'negotiated' this figure and have now gone back to ignoring my solicitors again. All my solicitors say is that they are extremely 'difficult' and are 'trying to make this complicated'.

I thought filing court papers would mean we are nearing the end of this but I have been told it could take many more months by my solicitor.

Thanks for your reply btw, this is all very confusing to me.