Withdrawing admission of liability
Car accident happened....the other party admitted liability. A week later recalled the admission of liability claiming to have new evidence....there isn't any new evidence.
My solicitor wants to take it to court.
My insurance provider have said they won't cover court costs.
Sooooo.....does the fault just fall on me because they don't want to fight it....even though other party admitted liability???
My solicitor wants to take it to court.
My insurance provider have said they won't cover court costs.
Sooooo.....does the fault just fall on me because they don't want to fight it....even though other party admitted liability???
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Car accident happened....the other party admitted liability. A week later recalled the admission of liability claiming to have new evidence....there isn't any new evidence.
My solicitor wants to take it to court.
My insurance provider have said they won't cover court costs.
Sooooo.....does the fault just fall on me because they don't want to fight it....even though other party admitted liability???
If your solicitor says fight it, i'd fight it. Similar incident with my son a couple of years ago. Other party wouldnt admit liability, insurance company proposed 50/50, insurance co wouldnt go to court to fight it. Wholly the other parties fault.
We used our own solicitor who pursued it, the other party finally accepted full liability.
Make sure you're not using an ambulance chaser type solicitor whos just racking up costs. We used a local guy who we'd complete trust in and who kept us informed of potential costs as well as progress.0 -
I'm using a solicitor who was appointed by my insurance provider. This is the second time we have said were going to court. The other party admitted liability made an offer....then withdrew it.
So this is the second time my solicitor is ready to go to court but now insurance provider are saying they won't cover litigation costs.
The car was written off....so if we don't go to court my insurance will foot the bill.
I can't see it being in their best interests to not go to court! I'm baffled by it all!0 -
Well if your insurer won't cover Court costs, you'll be liable if you lose. You'll be liable for the other side's costs too.
How do you know they don't have new evidence?0 -
Because the letter they sent saying "We are withdrawing admission of liability because of new evidence" the new evidence is "blah blah blah blah" but the "New evidence" is actually the exact same evidence they have had all along.
My solicitor says they think someone new has looked at the case and is chancing it.
My solicitor also thinks the first acknowledgement is binding because there isn't any actual new evidence therefore wants to go to court.
But now my Insurance are saying "We won't pay the court costs"0 -
Because the letter they sent saying "We are withdrawing admission of liability because of new evidence" the new evidence is "blah blah blah blah" but the "New evidence" is actually the exact same evidence they have had all along.
My solicitor says they think someone new has looked at the case and is chancing it.
My solicitor also thinks the first acknowledgement is binding because there isn't any actual new evidence therefore wants to go to court.
But now my Insurance are saying "We won't pay the court costs"
Can you afford the court costs?0 -
I personally can not afford court costs.
I was thinking about seeking a "No win No fee" solicitor. But they might not touch it because another solicitor has already done work on it.0 -
A "No Win No Fee" solicitor won't take this on if your insurer won't fund it. There must be a good reason why they don't want to take it to Court. The good reason is because you'll probably lose and the insurer don't want to pay for their own costs as well as the other side's costs.
That's life.
You've already admitted you can't afford to pay your own legal fees never mind the other side's if you lose at Court so just accept it and forget about the whole episode.0 -
Life's a gamble. You pays your money and takes a chance.
Do the sums on all scenarios and then decide if you want to take a risk.0 -
Extremely hard to forget about it as the other party wrote my car off....admitted liability and then withdrew their admission.
This was my first ever accident and I'm baffled by it all.0 -
What were the accident circumstances?
Were you covered fully comp? What were you claiming for?0
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