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In a personal injury claim,who actually makes the offers?

In a personal injury claim,when the defendants insurance company get a solicitor to act for them,who actually makes the offers to try and get it settled?
Is it the solicitor or barrister who comes up with the figure or do the insurance company give them a figure?
what would happen if the defendants solicitor makes an offer to settle and the insurance company says "NO WAY" are we paying that!

Comments

  • csgohan4
    csgohan4 Posts: 10,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 March 2017 at 3:04PM
    A judge can award x amount, however it is the insurers that have the final say,

    Remember who is going to be paying, not the defendant but the insurers themselves. That is why they want all correspondence forwarded to them so they can take action
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • johnny1970
    johnny1970 Posts: 11 Forumite
    so the defendants solicitor/barrister would have no real input as to settlement offers?
    "T+C ?"
  • csgohan4
    csgohan4 Posts: 10,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 March 2017 at 3:03PM
    johnny1970 wrote: »
    so the defendants solicitor/barrister would have no real input as to settlement offers?
    "T+C ?"



    However in what context are you asking your question? are you prosecuting?

    A judge can award x amount, however whether the prosecuting insurers/ person accepts this, is a different matter
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • johnny1970
    johnny1970 Posts: 11 Forumite
    after proceedings are issued,sometimes there are offers made to settle a case
    but who actually puts these offers on the table?
    is it the insurance companys claims adjuster or the solicitors acting for them?
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    johnny1970 wrote: »
    after proceedings are issued,sometimes there are offers made to settle a case
    but who actually puts these offers on the table?
    is it the insurance companys claims adjuster or the solicitors acting for them?
    The solicitor. They will ensure that they have instructions from their insurer client to put that offer before they do so, and as such the situation that you describe where an insurer isn't happy with the figure would be extremely unlikely to happen. However, in the event that it did, the offer would likely still be binding because the solicitor is acting as an agent of the insurer, and in law agents generally have the ability to legally bind their principal.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
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