Who decides claim?
rickyroma
Forumite 154 Posts
I recently had an accident with a truck. 100% his fault, truthfully. I have a feeling the other side are fabricating the actual events. I don't have dashcam myself but the truck does. Footage would certainly back my claim but it sounds like they have not submitted this to their insurance company and have given a version of events which is not correct.
What I am wondering is.. If there is a deadlock between who accepts liability is there anywhere to go apart from the insurance companies constantly arguing the toss? A sort of deciding body?
I don't want my insurance company to simply accept liability without telling me as I bet it would hinder my personal injury claim (I was badly injured) plus I would lose my excess.
I've never had a motor accident before so it's all new to me
What I am wondering is.. If there is a deadlock between who accepts liability is there anywhere to go apart from the insurance companies constantly arguing the toss? A sort of deciding body?
I don't want my insurance company to simply accept liability without telling me as I bet it would hinder my personal injury claim (I was badly injured) plus I would lose my excess.
I've never had a motor accident before so it's all new to me
0
Latest MSE News and Guides
Replies
In practice though insurers aren't keen on spending money on lawyers and court fees unless they think they have a good chance of winning, so they don't tend to initiate court action without good evidence to support their cases. If the only evidence they can offer is two conflicting accounts from the drivers involved then in theory they could put both drivers up in front of a judge and let the judge decide who is more believable. In practice they are more likely to agree a 50/50 settlement than embark on a court case the outcome of which is (in their view) little better than a coin toss.
One option open to your insurer if they want to settle but you don't is to settle their own aspect of the claim (the damage to your car) on a "without prejudice" basis, which essentially means settling without admitting liability on your part and so has no effect on your own personal injury claim.
If you have been seriously injured then presumably you have a solicitor managing the personal injury aspects of your claim? If so he is best places to advise you about the specifics; if not you really need to get one pronto.
You have to remember that the insurance companies act as you and so if "they" admit liability it means you have admitted liability and so you cannot claim for an injury from the non-fault party. They however have the right to act as they see fit... you need to make them aware that you have an injury claim going on as their appetite for a basic negotiated settlement is much lower if they know there is a solicitor dealing with your injuries.
First of all check if you have legal expenses cover on your Car insurance (or if its part of being a union or such). If you do they will appoint a solicitor to act with no costs to yourself.
Not much to consider with no win, no fee other than you are signing a contract and should read it and understand it before signing. If you get bored of the process and want to discontinue the whole thing you may find yourself liable for their costs. Similarly under this type of arrangement the solicitor is entitled to claim a proportion of your award so make sure you understand what you are signing away.