INSURER HOLDING BACK PAYING OUT CLAIM (DESPITE HAVING MADE OFFER) - POSSIBLE PROCEEDINGS?

jlg1

Hi everyone,

Just a quick post.

Myself and my wife were in a  car accident in April.  Third party and their insurer have admitted liability - they offered a settlement but our solicitor said it wasn't enough.

Now they are "dragging their heels" and our solicitor is talking of proceedings..?

Ive been there before in a non liable case and we ended up in court but this time its admitted liability and a figure was offered to settle our personal injury claims.

So what would proceedings in this case entail if it came to that..?

Thanks for any advice

Sandtree

Very few cases actually get to court, normally your solicitor will send notice of intent to issue, their insurer will respond with a Part 36 offer, your solicitor will consider it and advise you of the consequences of proceeding with a Part 36 offer on the table if the court doesnt award a higher figure etc and normally an agreements reached.

Even if proceedings are issued its not tools down until the court date, conversations/negotiations continue and often an agreement is reached.

In precovid times if it did get to court then normally the hearing is held in something more akin to a business meeting room than "Judge Judy" type setting. Evidence is all submitted beforehand including "witness statements", medical reports etc. There may be some discussions and in most cases the judge will pass down judgement orally. 

If you have significant injuries meaning it falls into Mutli-track (over £25k) rather than Fast-track then things get a bit more formal, there can be other discussions/sessions around legal fees etc