Fault without prejudice ? car accident

Seanmac
Seanmac Posts: 125 Forumite
Sixth Anniversary 100 Posts Name Dropper Combo Breaker
edited 5 February 2021 at 4:36PM in Motoring

I received a letter from underwriters over an accident I was involved in and they mentioned its noted as a fault without prejudice. What does "Fault without prejudice" means? without prejudice for whom? does that mean the fault won't be recorded against me? Should it affect my no claims bonus?

Comments

  • Seanmac
    Seanmac Posts: 125 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    It doesn't
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    May help if you give your version of events and view of who was to blame.

    As a guess they have settled a claim against you (so fault)but didn’t admit liability at the time 
  • facade
    facade Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 February 2021 at 11:54PM
     A fault claim against you means that your insurer cannot make recovery of the payout and costs (the word "fault" does not mean what you or I think) Someone unknown hitting your parked car and driving off would be a fault claim against you, as well as if you drive into a stationary car, but only the second would actually be your fault in the sense we normally use the word.

    Without prejudice means "the pragmatic thing to do is cough up, it is much cheaper than fighting a court case, but we don't admit anything, we are just disposing of the matter in the cheapest/simplest way possible" (Rather like you can agree to dispose of a speeding allegation without a court case by accepting a fixed penalty, without admitting guilt- you might even be innocent, but unable to prove it)


    Most likely the two together means your insurer thought it would be much easier to fold and pay off the third party than try and fight your corner and likely spend a lot of money on losing. 

    You agreed to this when you accepted the terms of the policy.

    Yes, you have to declare a fault claim on taking out a policy.

    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Aretnap
    Aretnap Posts: 5,668 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Without prejudice generally means that your insurer has paid the third party's claim without formally admitting that you were liable for the accident.

    The effect on you is that if you tried to make a claim of your own against the third party (for example, for injuries that you suffered in the accident), the third party's insurer would not be able to turn round and say "Hang on, you have already admitted (via your insurer) that you are the one liable for the accident - so go away". They would have to defend your claim on its merits. In other words, the payment from your insurer is without prejudice to any claim you might make yourself.

    It still means that there's a claim made against your policy, which will affect your no claims bonus etc.
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