Without Judgement Claim Settlement

Flight3287462

born_again said:

Don't take this the wrong way,
But where is the wrong side of the road. As there are no white lines.

It is clear that they did not stick close to the kerb, but if they were going fast then that may explain why, given it appears to be quite a sharp & blind bend into a narrow road. So they were opening up their view round the corner.

The road isn't that narrow and the OP would have been sitting in the pews of the church if s/he was any further over.  The other driver is clearly not on their side of the road.  Although tight two cars should be able to pass easily without incident.

OP do you have no legal protection with your car policy (or perhaps household)?

For me I would want a clear legal understanding of the pros and cons of accepting their offer.

AdrianC

born_again said:

Don't take this the wrong way,
But where is the wrong side of the road. As there are no white lines.

It is clear that they did not stick close to the kerb, but if they were going fast then that may explain why, given it appears to be quite a sharp & blind bend into a narrow road. So they were opening up their view round the corner.

Can I just put this picture here? It's really all the reply your post needs...

cvm9

Hunyani_Flight_825 said:

born_again said:

Don't take this the wrong way,
But where is the wrong side of the road. As there are no white lines.

It is clear that they did not stick close to the kerb, but if they were going fast then that may explain why, given it appears to be quite a sharp & blind bend into a narrow road. So they were opening up their view round the corner.

The road isn't that narrow and the OP would have been sitting in the pews of the church if s/he was any further over.  The other driver is clearly not on their side of the road.  Although tight two cars should be able to pass easily without incident.

OP do you have no legal protection with your car policy (or perhaps household)?

For me I would want a clear legal understanding of the pros and cons of accepting their offer.

Hi chap, appreciate your post but I think the pictures say it all really. The road is wide enough to fit two cars even without having to transverse over the white lines that are in place to stop people driving to close to the church. I could see the collision from a mile off given how slow I was driving. I had enough time to move over the white lines and turn my wheel inward in a vein attempt to avoid the collision which was inevitable given the speed and side of the road the other driver is on. But as mentioned, I became pinned against the church and couldn't go over my side any further as a result. 

The picture that shows the Police car arriving clearly shows what side of the road he should have been on when navigating the bend. One would anticipate this on a bend and if everyone one was 'opening up their view round the corner' without acknowledging that traffic would be coming from the other direction then there would be thousands of accidents daily.

Sandtree

Hunyani_Flight_825 said:

OP do you have no legal protection with your car policy (or perhaps household)?

Home insurance doesn't cover motor accidents... they obviously want to be able to sell you both types.

Motor Legal Protection covers making a claim against the TP for uninsured losses but given the TPI are already offering to settle thats all just a bit pointless.

A without prejudice settlement is exactly what it says on the tin... they payout without admitting anything. It simply means that in a years time if the OP suddenly feels they've a bit of a stiff neck and it must have been due to this crash that they cannot point to the payment received now as evidence that liability was accepted... ie it doesn't prejudice a future claim.

Aretnap said:

Sandtree said:

Assuming the third party insurer settle the subjugated claim on the same basis your insurers will be reimbursed and close the file as non-fault.

Will the settle the subrogated claim though?

Hence my prefix of "assuming"... its not fully clear on which grounds the third party insurer is acting 

cvm9

Hi Sandtree. Re: your MIB post: 

  Hi chap. I queried this with my solicitor. He stated that the third party’s insurance will still payout my personal injury claim and also pay out to my insurers. They will then chase their client for any payments they have made due to him not having the correct insurance. It falls under a certain ‘article’ or something. As such, MIB wouldn’t be involved. 

Sandtree

It was @Aretnap's not mine

Normally you are looking at Section 151 or Article 75. Under the former your insurers get reimbursed but under the later they don't... or more accurately they have no legal obligation to... contrary to popular belief some insurers do go beyond the minimum at times. 

Under either the TP insurer'd then have the right to attempt to recover off the driver. Under Article 75 your insurers could also attempt recovery from the driver if the TPI legitimately say they won't cover the subrogated claim of your insurers.

rhysadams

I know this road very well and its very dangerous. Surely if you were coming down the hill and he was on your side of the road at speed, this was his fault.

cvm9

Hi all.

Just an update really. I’ve spoken to both my personal injury solicitor and my insurance claim handler. They advise the ‘without prejudice’ settlement is simply pretty much the same as accepting liability. It is an admission of fault. 

My insurer has confirmed that I will receive my excess back as soon as they receive their outlay. Hopefully the third party’s insurers do not delay this.

My NCD is ‘protected’ so I don’t think it will be affected/lose any years as the incident was ‘non-fault’. I just assume that when it comes to renew my insurance company will take this into account and provide a new quote.

I am still receiving physiotherapy for my injuries but once finished my personal injury solicitor states that upon receiving the physio invoice they will start negotiating my injury settlement fee with the third party. Anyone have any experience of this before? 

Thanks.