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insurer refusing to pay out

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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Hi all,


    i'm new to the forum, so please be kind if I've posted in an incorrect forum.


    synopsis of my issue:
    boyfriend was travelling home from work in a taxi around 14 months ago. said taxi involved in a crash, boyfriend made a personal injury claim for injuries sustained (neck and back at the time).
    instructed a solicitor to deal with claim, all good and well.


    FURTHER TO THIS... boyf has been going to the doc for around a year with a pain in his pelvic area, GP thought prostrate/kidney. couldn't locate pain. numerous prostrate examinations, blood tests etc etc, then MRI, trip to a urologist (none could locate pain). Urologist suggested investigative surgery (camera inserted through penis to check internally). In short, when the MRI results came back, urologist said the problem was musculoskeletal, and whilst this was a relief in some ways,.


    in past few months, he was sent to see a specialist about the problems with his back (sent by injury lawyers). the report concluded that my boyfriend has restrictions in his neck and back as a result. Also concluded that it is likely the above musculoskeletal injury is also as a result of the crash (from where the seatbelt would be placed across the lap). all makes sense now. specialist recommended a course of intensive physiotherapy, which boyf is delighted with as he is in pain most of the time.


    Since then, nothing has happened (October '17). Solicitors have now heard back from taxi drivers insurance company and the driver is now saying that my boyf was in cahoots with the other party (OMG) and as a result they are not paying out. they also refuse to say when the driver made this allegation/disclosure.


    Both the boyf and myself work in really quite responsible jobs requiring security clearance, checks etc, and this allegation could seriously damage his career. (of course, the allegation is false).
    - Frankly would've thought you'd therefore know that this allegation would have zero impact on his security clearance


    solicitors are saying that they are going to issue court proceedings against the driver and his insurance company.


    Not sure what happens now, can anyone advise? - solicitors are saying that they are going to issue court proceedings against the driver and his insurance company. this has been quite a rigmarole and quite a first post, so apologies for the length of this.


    Thanks for reading, and thanks in advance for any advice.
    The insurers aren't obliged to pay out, presumably the accident was the taxi drivers fault?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Thanks. It seems that the taxi driver has indeed only made this allegation recently. Surely you’d need to wonder about his credibility given he’s had so long to bring this up now.
    It seems to be a last ditch attempt.
    The director of the law firm dealing with my boyfs claim has assessed the merits of the case and is happy to proceed to court action, so I assume that means he thinks there’s still a valid case.
    Boyf in the meantime wants to take legal action against the driver for making false allegations about him.
    I also wonder (hope) if the case goes in my boyfs favour, that it invalidates the drivers insurance. Why should he be allowed to make false statements without any repercussions?

    And for anyone still whinging about the medical procedure, I really don’t get why it’s an issue. I’m giving you a scenario, not performing this procedure on you...
    Not a chance, he's simply giving his opinion.
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