Negotiations with the third party solicitors have broken down

MisnerSpace

Dear All,

Not sure if anyone can give me any advice as this has never happened to me or my partner. At the end of last year my partner was rear-ended at  crossing in a 30mph zone  because another car had rear-ended the car behind my partners so three cars involved. Received an email from her insurance company(a very large insurance company) stating the following:

"Unfortunately we need to advise you that our negotiations with the third party solicitors have broken down. We intend on issuing proceedings against the third party. Our solicitors will be in contact with you shortly to explain the process."

Has anyone ever had any experience of this? Not sure what to expect. Any advice would be much appreciated as I naively thought the insurance company would sort everything out.

Thanks in advance

in_my_wellies

I was in a similar situation many years ago, we were the middle car, the one behind shunted us into a car which stopped to turn right. 

The one at the back did everything to avoid paying. He made the mistake of boasting about it which rather annoyed the other insurance companies.

It took just over three and a half years but it was sorted out eventually. Both claims were settled and the excess was settled eventually just before it went to court. Also got back the extra paid on the three years of higher insurance at renewal. 

user1977

Essentially it just means negotiations continue but with lawyers involved. 

DullGreyGuy

MisnerSpace said:

Not sure if anyone can give me any advice as this has never happened to me or my partner. At the end of last year my partner was rear-ended at  crossing in a 30mph zone  because another car had rear-ended the car behind my partners so three cars involved. Received an email from her insurance company(a very large insurance company) stating the following:

"Unfortunately we need to advise you that our negotiations with the third party solicitors have broken down. We intend on issuing proceedings against the third party. Our solicitors will be in contact with you shortly to explain the process."

Has anyone ever had any experience of this? Not sure what to expect. Any advice would be much appreciated as I naively thought the insurance company would sort everything out.

Thats what they have tried to do but clearly have come to an impasse. Claims can go down many different disputes but given the circumstances there are likely two possibilities:

1) Liability - did the middle car hit you first and then the second car hit them or did the middle car stop in time, was hit from behind and pushed into you. If its the first was the second collision heavy enough to cause additional damage to your rear and their front

2) Quantum - they say your losses, mainly repair bill, are exaggerated

A quick call to the technical team at your insurers will clarify what the dispute is over. In either case there isnt that much for you to do, though there are other possibilities, but if its just a dispute about liability between the two cars behind then your statement will be critical in trying to determine what happened. 

Solicitors continue to negotiate all the way up to the day of the court hearing and few cases not involving injuries end up in court. Even if it does it is civil court so no wigs or gowns, often held in a meeting room and can even be dealt with by written submissions. The solicitors your insurer appoints will explain the process etc if it gets that far.

MisnerSpace

Thanks in_my_wellies, user1977 and DullGreyGuy. The middle car stopped in time however the second car did not stop in time and hit the middle car which in turn hit my partner's car. Will speak to them at the end of the week to find out more.

Thanks again