Car Accident - Third party accepted liability

Robert95

Hi guys,

Wonder if anyone can help here. I was a passenger in a car accident - my partner was driving us both and a third party hit her head on as we turned right on a mini-roundabout (she indicated and the third party just didn't give way).

I've received an email saying that the third parties insurance company has accepted liability for the accident, however my partner is yet to receive anything. We're using the same solicitor company but different people are handling our cases. I'm a bit confused by this and my solicitor refuses to give me any further information as to why my partner hasn't received anything yet and whether she will or not.

Is there any way that a third party can accept liability for an accident but only against the passenger and not the driver?

Any help would be appreciated, just curious as to how it works!

Thanks in advance

rudekid48

Are you certain that the solicitors are pursuing YOUR claim against the TP insurer? As a passenger you can claim injuries against your partners policy - even if she is found to be at fault or shared liability.

It may be that the solicitors are claiming against your partners policy for your injuries as liability does not affect your right to claim, whereas your partner (as the policyholder) can only claim against the TP insurer.

This is just speculation but you could find out by asking your Sols exactly who they are claiming against for YOUR injuries. They won't tell you about your partners claim.

Did the TP come from your right / left / or straight on? Roundabout accidents are notorious for resulting in split liability...

lisyloo

my solicitor refuses to give me any further information as to why my partner hasn't received anything yet and whether she will or not.

There are data protection laws which means they cannot give information about the case of someone else. Why don't you ask your partner to call and get an update and then tell you.

Is there any way that a third party can accept liability for an accident but only against the passenger and not the driver?

No. It was one accident.
If they accept liability then they are liable for car damage plus both personal injuries (I'm assuming yours is a personal injury case?)

Robert95

rudekid48 wrote: »

Are you certain that the solicitors are pursuing YOUR claim against the TP insurer? As a passenger you can claim injuries against your partners policy - even if she is found to be at fault or shared liability.

It may be that the solicitors are claiming against your partners policy for your injuries as liability does not affect your right to claim, whereas your partner (as the policyholder) can only claim against the TP insurer.

This is just speculation but you could find out by asking your Sols exactly who they are claiming against for YOUR injuries. They won't tell you about your partners claim.

Did the TP come from your right / left / or straight on? Roundabout accidents are notorious for resulting in split liability...

Hi there Rudekid48 - it was defo the third party insurer and not my partner, they named that explicitly in the letter but good thought, agree that would have made sense!

So at the roundabout, we came from the south indicating to turn right, the other driver entered from the exit to our left but drove over the mini-roundabout and hit my partners car on her side but head on.

lisyloo wrote: »

There are data protection laws which means they cannot give information about the case of someone else. Why don't you ask your partner to call and get an update and then tell you.

No. It was one accident.
If they accept liability then they are liable for car damage plus both personal injuries (I'm assuming yours is a personal injury case?)

Thanks for your help! She's asked for an update but they keep repeating the same thing - "they've accepted liability to your partner, not you. There are two separate solicitors dealing with your cases". We don't quite understand as we where in the same car obviously and can't see how they can admit to being at fault against me and not her. They got a bit agitated with us asking them to clarify as they couldn't give any more information.

lisyloo

How long has it been?
are you both using solicitors via the legal insurance on the policy? or "no-win, no fee" solicitors?
Is the car driveable?

Robert95

lisyloo wrote: »

How long has it been?
are you both using solicitors via the legal insurance on the policy? or "no-win, no fee" solicitors?
Is the car driveable?

Hi Lisyloo - yes we're both using the same solicitor covered under my partner's policy (she has legal expense cover) but it is also a no-win, no fee solicitor. As in, her insurance will cover all costs but they'll only incur costs if we win. If we win, both me and my partner receive the full amount and her insurance pay the costs. The car has been assessed and it was considered a write-off by them.

lisyloo

How long has it been since you received notification that they accept liability for you.

Robert95

Lisyloo - sorry missed that bit! They accepted liability for me on Thursday 15th March last week.

lisyloo

My advice would be to be a bit more patient (frustrating I know).
With different people involved the most likely explanation is that someone has been off sick or has a higher workload and hasn't got round to dealing with it yet.