Liability admitted but hearing coming up

happybuns

Hello, I’m new here but read a lot on this forum.

I was in accident more than 2 years ago (as a passenger). I started an official injury claim against the insurer of the other car. They denied liability and the next step was to take it to court. In between, I tried speaking with both insurers to confirm the results of their investigations (it didn’t appear that they were doing anything). I finally decided to go through the court route (as advised by one of the insurers so that liability can be decided). 

I now have a hearing in less than 6 weeks and need to pay the trial fee but the defendant wants the date moved as the driver will not be around. This was frustrating and I realised that even if they were not liable, it meant that I’d have to potentially go through the same route with the other insurer. I filed an N244 to have the other insurer adds as a defendant.

It was getting frustrating and I started an official injury claim against the other insurer (not sure why I didn’t do this since) and surprisingly they admitted full liability.

My question now is what is the best way to proceed and recover my costs (court fee and N244 application)? Do I discontinue the hearing? do I pay the trial fee and continue? (This doesn’t seem like an option as someone has not admitted full liability)

Thank you for you help 🙏🏾

Brie

You say they have admitted full liability and then say someone has not admitted full liability. It's confusing.

MyRealNameToo

Liability isnt the only reason that matters end up in court. Liability can be admitted but quantum (how much your owed) disputed.

Most would continue the action until either everything is agreed or until the cash is in the bank.

happybuns

the last part is - ‘someone has now admitted liability’

happybuns

Okay, I am going through the OIC process (now on the medical report stage) with the other insurer so I do not think they received the application to be added as a defendant to the ongoing claim.

The current claim is mainly for liability to be decided before it is transferred back to the OIC portal.
Do I go still go ahead and pay the trial fee?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81898916#Comment_81898916

Unless there has been a major shake up of the legal system then no, once it's in the court process the court determines the full outcome and it doesnt go back to the portal. You typically wouldnt issue until in a position to provide all the evidence etc unless you are at risk of hitting the 3 year limitation in which case you ask the court for case management hearings whilst the injuries continue to stabilise etc.

happybuns

https://forums.moneysavingexpert.com/discussion/comment/81898877#Comment_81898877

My apologies for the confusion. The last part is - ‘someone has now admitted liability’

happybuns

https://forums.moneysavingexpert.com/discussion/comment/81898930#Comment_81898930

I’ve just had a look at the guide now and it says under 6.6.3 that ‘ If the court decides in your favour, your claim may be reopened on the portal.’

There is the high chance that the current claim against the first insurer will not be in my favour (as the second insurer has admitted liability via the portal and we are working towards a resolution). I really don’t want to waste the court’s time and more money. For the court fee and application fee spent so far, I’m okay to cut my losses or try to recover it from the other insurer).

My question is am I better off putting an end to the claim that has progressed to the hearing stage and focusing on the other claim still with the portal? I understand that this other claim might possibly get to the hearing stage if they become difficult but I don’t want to keep chasing the first insurer.

In terms of my injuries, luckily they were not long term (at least as I know now, I’m seeing the medical examiner soon).