Injury during car accident | Disputed liability
I’m looking for a bit of advice really.
We had a car accident in September last year whilst my husband was driving the car. I was eight months pregnant at the time. On a roundabout another vehicle hit our car from the side. The other party thought my husband was going to change the lane so he could use the lane our car was in. None of the party accepted the liability and incident was reported to the insurance company. Since we had front dashcam, we provided the footage to our insurance company. In the footage, it was evident the other driver was driving fast and changed his lane assuming that we are going to take another lane.
The case has been dragged on for nearly 10 months without much movement. After the incident, I sustained constant back pain due to which I had to be admitted in labour earlier than the due date. Since conceiving a baby, I have had to attend a few physio sessions arranged by NHS followed with a recent MRI scan of my lower back. We had legal cover with our insurance company so we asked for private medical attention, they shove their hands stating they won’t be able to recover the cost from other party and advised to stick with NHS.
While all this was happening, the other party has made an injury claim through one of those ‘no win no fee’ sort of solicitor firm. The other party is continually disputing the liability. I have asked to invoke legal action but my insurance company does not want to take this approach. They have stated there is a conflict of interest between your and your driver’s file (my husband), both of which are currently being dealt by them.
The insurance company’s legal team has recently written to me stating I have two options:
1. My case will transfer to their chosen alternative solicitor firm
2. I bring my own solicitor firm to deal with the case, but they won’t cover legal expenses to an independent solicitor firm.
Please advise which option should I take as I don’t want to take too much stress with this anymore.
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