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  • FIRST POST
    • Mrsdstar
    • By Mrsdstar 13th Jan 19, 7:20 PM
    • 21Posts
    • 0Thanks
    Mrsdstar
    Withdrawing admission of liability
    • #1
    • 13th Jan 19, 7:20 PM
    Withdrawing admission of liability 13th Jan 19 at 7:20 PM
    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???
Page 1
    • motorguy
    • By motorguy 13th Jan 19, 7:32 PM
    • 18,252 Posts
    • 11,166 Thanks
    motorguy
    • #2
    • 13th Jan 19, 7:32 PM
    • #2
    • 13th Jan 19, 7:32 PM
    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???
    Originally posted by Mrsdstar
    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.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • Mrsdstar
    • By Mrsdstar 13th Jan 19, 7:57 PM
    • 21 Posts
    • 0 Thanks
    Mrsdstar
    • #3
    • 13th Jan 19, 7:57 PM
    • #3
    • 13th Jan 19, 7:57 PM
    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!
    • debtdebt
    • By debtdebt 13th Jan 19, 8:01 PM
    • 711 Posts
    • 456 Thanks
    debtdebt
    • #4
    • 13th Jan 19, 8:01 PM
    • #4
    • 13th Jan 19, 8:01 PM
    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?
    • Mrsdstar
    • By Mrsdstar 13th Jan 19, 8:14 PM
    • 21 Posts
    • 0 Thanks
    Mrsdstar
    • #5
    • 13th Jan 19, 8:14 PM
    • #5
    • 13th Jan 19, 8:14 PM
    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"
    • AndyMc.....
    • By AndyMc..... 13th Jan 19, 8:17 PM
    • 2,788 Posts
    • 1,741 Thanks
    AndyMc.....
    • #6
    • 13th Jan 19, 8:17 PM
    • #6
    • 13th Jan 19, 8:17 PM
    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"
    Originally posted by Mrsdstar
    Can you afford the court costs?
    don't count your chickens before they're hatched
    • Mrsdstar
    • By Mrsdstar 13th Jan 19, 8:26 PM
    • 21 Posts
    • 0 Thanks
    Mrsdstar
    • #7
    • 13th Jan 19, 8:26 PM
    • #7
    • 13th Jan 19, 8:26 PM
    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.
    • debtdebt
    • By debtdebt 13th Jan 19, 8:40 PM
    • 711 Posts
    • 456 Thanks
    debtdebt
    • #8
    • 13th Jan 19, 8:40 PM
    • #8
    • 13th Jan 19, 8:40 PM
    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.
    • Cetshwayo
    • By Cetshwayo 13th Jan 19, 8:43 PM
    • 314 Posts
    • 812 Thanks
    Cetshwayo
    • #9
    • 13th Jan 19, 8:43 PM
    • #9
    • 13th Jan 19, 8:43 PM
    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.
    In 1879, armed only with their spears, their rawhide shields, and their incredible courage, the Zulus challenged the might of Victorian England.
    • Mrsdstar
    • By Mrsdstar 13th Jan 19, 8:44 PM
    • 21 Posts
    • 0 Thanks
    Mrsdstar
    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.
    • debtdebt
    • By debtdebt 13th Jan 19, 9:00 PM
    • 711 Posts
    • 456 Thanks
    debtdebt
    What were the accident circumstances?

    Were you covered fully comp? What were you claiming for?
    • Mrsdstar
    • By Mrsdstar 13th Jan 19, 9:06 PM
    • 21 Posts
    • 0 Thanks
    Mrsdstar
    I was fully comp. I was claiming for personal injury. No loss of wages.
    • debtdebt
    • By debtdebt 13th Jan 19, 9:14 PM
    • 711 Posts
    • 456 Thanks
    debtdebt
    How did the accident occur?
    • Mrsdstar
    • By Mrsdstar 13th Jan 19, 9:32 PM
    • 21 Posts
    • 0 Thanks
    Mrsdstar
    Other party went into back of me at roundabout. They provided a fake witness who was not at the scene of the accident to provide a statement. I'm not going into exact details here. The other party is committing fraud! But I can't prove it as it's my word against theirs especially with this fake witness! It's disgusting. I feel like I'm hitting my head against a wall!
    • sevenhills
    • By sevenhills 13th Jan 19, 9:44 PM
    • 1,977 Posts
    • 745 Thanks
    sevenhills
    Maybe this is your next step?


    • It's not our role to investigate the accident and decide who's responsible. But we'll make sure that the insurer's decision was reasonable - given all the evidence they had. This may include accounts from the drivers involved, witness statements, engineers' reports and CCTV footage.
    • If we decide it wasn't reasonable for an insurer to accept liability, we'll tell them to change the way the claim's been recorded. The customer's current insurer can then recalculate their premium.
    https://www.financial-ombudsman.org.uk/publications/technical_notes/motor-insurance-fault-claims.html

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