Non-fault claim payment without prejudice

Raven1819

Hello,

I was on my motorbike and a car pulled out a side road right across my path turning right but only looking left it seems.

So my bike hit their car as it was directly in my path.

My claims department dealing with my bike said the third party is making a payment for the bike cos as it's written off without prejudice.

So with the term without prejudice does that mean if I accept this offer my current injury claim would then be void?

Also from what I read it means they not admitting guilt so this would be 50/50 or does the investigation carry after the without prejudice payment?

I feel like my claims not looking after my best interests and not telling anything unless I ask deeper questions.

Thank you for any help.

HillStreetBlues

What it means that they are not admitting liability.
Your injury claim continues but you can't use that payment  to show fault.

DullGreyGuy

Raven1819 said:

So with the term without prejudice does that mean if I accept this offer my current injury claim would then be void?

Also from what I read it means they not admitting guilt so this would be 50/50 or does the investigation carry after the without prejudice payment?

I feel like my claims not looking after my best interests and not telling anything unless I ask deeper questions.

With a 50/50 they'd only be giving you 50% of the value of the bike and you'd be paying out 50% of the damage to their vehicle. 

Without Prejudice just means they are doing it without any admission of fault, as said above. So were you to pursue an injury claim at a later date the question of who is at fault for the accident could be reopened. 

It's not uncommon with bike accidents. Its not worth spending £5,000 to investigate a claim being made for £2,000 as that is money that will never be gotten back and so even if it went inline with Powell -v- Moody (a common motorbike case) such that you were 80% liable they'd still be paying out £5k investigation and £400 settlement which is more than just paying the £2k. 

What they dont want to do is admit liability because £2k isn't worth fighting and then find you are claiming £100,000 for injuries because at that point spending £5,000 on investigations may then make sense. 

If no further investigation or negotiations will occur on liability if you accept the WP settlement unless you start another head of claim (eg injury)

Raven1819

Thank you,

I talked with someone else at 4th dimension and my solicitors and they both said that both are separate claims and my injury claim is still being processed and this payment is just for the bike costs at this point as the hire costs each are silly high.

DullGreyGuy

Raven1819 said:

Thank you,

I talked with someone else at 4th dimension and my solicitors and they both said that both are separate claims and my injury claim is still being processed and this payment is just for the bike costs at this point as the hire costs each are silly high.

They maybe being handled separately for now but ultimately any that are outstanding would come together were there to be any litigation.

As already said, there is no harm in a WP settlement for the bike, it just means those dealing with other aspects may still need to substantiate liability.