Disputing a personal injury claim

Warwick_Hunt

hannah214 wrote: »

But were you paid out £28,500?

Okay thanks for that, that's all the information I was looking for. I wasn't sure whether the "ought to have known" part would be relevant due to their relationship status and her having seen his provisional.

You need a word with your partner as he's not told you 100% of the true facts.

iammumtoone

Warwick_Hunt wrote: »

Unless he has an independent witness who can say he specifically told her he had no insurance, he's on a hiding to nothing.

I would get that 'fact' checked by a solicitor, its worth paying for advise for this amount of money involved.

He lived with her I would say there could be a case that she would/should have known.

You don't have answer these questions publicly but

Whose car was he driving? If they lived together she would have know if it wasn't his, therefore what made her think he was insured? Is it likely he could have been insured on that persons car.

Was he taking driving lessons? were they collecting him from their home?

I think as he also hadn't passed his test this could help as if you could prove she knew that, it follows he wasn't insured.

Please see a solicitor and don't take the advise given by anyone on here as fact.

Warwick_Hunt

iammumtoone wrote: »

I would get that 'fact' checked by a solicitor, its worth paying for advise for this amount of money involved.

He lived with her I would say there could be a case that she would/should have known.

You don't have answer these questions publicly but

Whose car was he driving? If they lived together she would have know if it wasn't his, therefore what made her think he was insured? Is it likely he could have been insured on that persons car.

Was he taking driving lessons? were they collecting him from their home?

I think as he also hadn't passed his test this could help as if you could prove she knew that, it follows he wasn't insured.

Please see a solicitor and don't take the advise given by anyone on here as fact.

You can insure a car without a licence or even with a provisional.

iammumtoone

Warwick_Hunt wrote: »

You can insure a car without a licence or even with a provisional.

To drive? so if you were driving without a licence and had an accident, the insurance would pay out? I never knew that, it doesn't seem right.

I know you can get insurance with a provisional but thought a condition to drive was you have some one with you qualified to sit beside you. If there was only the two of them in the car, again the ex would know if she qualified to sit with a provisional driving licence holder. If she was she wasn't doing her job properly as she allowed him to drive into a wall!

paddedjohn

iammumtoone wrote: »

To drive? so if you were driving without a licence and had an accident, the insurance would pay out? I never knew that, it doesn't seem right.

I know you can get insurance with a provisional but thought a condition to drive was you have some one with you qualified to sit beside you. If there was only the two of them in the car, again the ex would know if she qualified to sit with a provisional driving licence holder. If she was she wasn't doing her job properly as she allowed him to drive into a wall!

Yes you can get insurance with a provisional and whilst that car is insured any damage caused by it (even if the car is stolen or driven by a total drunk) will be recompensed by the insurance company but they will then go after the driver to recover their losses.

angrycrow

You have no chance of disputing the amount they paid out as it would have been supported by medical evidence.

Your best chance of challenging it is the fact that she knew or should have known you were not insured. As others have suggested you will be taken more seriously if you instruct a solicitor to defend the matter.

dacouch

Bear in mind the £28k probably includes her solicitors fees and the independent doctors fees. These would be surprisingly large on such a relatively large claim.

An injury to the lower back could be deemed as nit serious but could also warrant a fairly large payout if it caused her on going pain for the rest of her life

paddedjohn

I'd bet money that his ex has been cold called about an accident she had in the last few years by a claims management company, of the £28k she probably ended up with less than half.

chrisw

hannah214 wrote: »

But were you paid out £28,500?

Okay thanks for that, that's all the information I was looking for. I wasn't sure whether the "ought to have known" part would be relevant due to their relationship status and her having seen his provisional.

My wife has no idea whether I'm insured to drive or not, or indeed whether she's insured to drive my car. She presumes she is (and she is!) but she's never asked to see a copy of my insurance certificate.

angrycrow

paddedjohn wrote: »

I'd bet money that his ex has been cold called about an accident she had in the last few years by a claims management company, of the £28k she probably ended up with less than half.

Maximum deduction the solicitors can make is 25%. Still £7000 though, more than the £3500 they got for costs and disbursements.