Insurance Claim 3rd Party Offer

Majik002

Hi,
Need help on my Insurance Claim.
I was involved in a car accident last year and the 3rd party admitted fault but insurers wouldn't pay out.
I have now taken this to a small claims court and the 3rd party insurer has made an offer 18months later. The offer is far less then the original claim against the 3rd party. The courtesy/hire car bill was 12k and they've offered to pay £4200. The offer for my vehicle is less than my original claim and they've estimated the salvage value at £6000. 

Is it worth me going back and demanding the original claimed amount?

My court date is for December and not sure I want to wait that long but then worried if it goes to court I might get a lower settlement in court. I've never had any experience of this and would appreciate any input.

Thanks
Hal

Grumpy_chap

How did you get to a £12k hire car bill?

sweetsand

Dear OP
The small claims court. Are you aware of the limit re comp there? It's 10k.  your car hire bill is 12k and at least 6k for your car.
Or have I misunderstood you.
The 12k car hire bill, was you not concerned you may not get the money back?
What car was it

Thanks

Flight3287462

You need a lawyer or you will potentially be taken to the cleaners.  Hope you have cover through your policy.

AdrianC

Majik002 said:

Need help on my Insurance Claim.
I was involved in a car accident last year and the 3rd party admitted fault but insurers wouldn't pay out.

On what grounds?
At all, or just arguing the amount?
Why didn't you claim from your policy?

I have now taken this to a small claims court and the 3rd party insurer has made an offer 18months later. The offer is far less then the original claim against the 3rd party. The courtesy/hire car bill was 12k and they've offered to pay £4200. The offer for my vehicle is less than my original claim and they've estimated the salvage value at £6000. 

Is it worth me going back and demanding the original claimed amount?

You can try...
But I presume the offer for your vehicle is based on the fair market value...?
And you insist on keeping the salvage, regardless of the price they're asking for it?

My court date is for December and not sure I want to wait that long but then worried if it goes to court I might get a lower settlement in court. I've never had any experience of this and would appreciate any input.

A LOT more detail is going to be needed for any kind of sensible responses.

sweetsand

Don't forget OP the 10k limit as I stated earlier.

onlyfoolsandparking

Have you been allocated 'small claims track' OR 'fast track', It is the Judge that decides the track of a case and yours would warrant 'fast track' with the amounts your talking about AND the limit there is 25K, how far are you into the upcoming case?, I suspect you need proper legal advice IF you go 'fast track' (more complex and costs involved) and not guesswork (by some here) on an internet forum.

sweetsand

onlyfoolsandparking said:

Have you been allocated 'small claims track' OR 'fast track', It is the Judge that decides the track of a case and yours would warrant 'fast track' with the amounts your talking about AND the limit there is 25K, how far are you into the upcoming case?, I suspect you need proper legal advice IF you go 'fast track' (more complex and costs involved) and not guesswork (by some here) on an internet forum.

Are you claiming I am wrong? OP stated "small claims" and that is what I posted about ie 10k limit.
Please see link, thanks.
https://www.moneysavingexpert.com/reclaim/small-claims-court/#:~:text=The small claims court is,as much if you lose.

onlyfoolsandparking

But we don't know what 'track' they have been allocated do we! so 10k limit MAY NOT APPLY HERE!!!!

Small claims track = up to 10k
Fast track = between 10-25k 
Multi track = Over 25k
All heard in the small claims Court 

sweetsand

onlyfoolsandparking said:

But we don't know what 'track' they have been allocated do we! so 10k limit MAY NOT APPLY HERE!!!!

Small claims track = up to 10k
Fast track = between 10-25k 
Multi track = Over 25k
All heard in the small claims Court 

As I said the OP was stating "small claims" so that is 10k hence me stating 10k.
I've posted an article from MSE above to confirm this.
Thanks

onlyfoolsandparking

So what, small claims is just the words people use when talking about Civil Court and making a claim as it's the most common BUT Small claims has DIFFERENT tracks with DIFFERENT limits, what can't you understand about that? I understand about Civil Courts AND Crown Courts, I don't need to search out an article from MSE to confirm that 10k limit is JUST ONE PART of the three available tracks, I highly doubt any Judge will allocate the OP's case to a small claims track when the value is OBVIOUSLY OVER 10k, therefore you posting to the OP to be 'aware' that the limit is 10k IS WRONG!