Insurance advice please...liability related..

blueboy2001 said:
Sounds like it has in fact been settled on a split liability basis because the third party paid your hire charges. Not uncommon on a roundabout accident.

Do you know if there is split? Even if it's 95% - 5% in your favour, it's still considered a fault claim for you.

You say your accident management company found you liable as well. Sounds like everyone thinks you're liable but yourself!

If you want to dispute liability, you need to take the third party to court and have the court determine liability. If you win, the third party insurer will reimburse your insurer all their expenses and the claim is registered an non-fault. If you lose, and the insurers have agreed say a 50-50 split and the court determines you were 100% liable, you're going to be a sticky spot with your insurer. It is for this reason you will probably find your insurance terms state that you agree to allow your insurer to settle all claims as they see fit - and thus they can agree liability as they see fit.

Once both insurers have agreed liability, I don't think there's anything you can do. If you sue your insurer, they'll almost certainly have a get out with the clause above.

If you think your insurers have mishandled your claim, you could look at going to the Ombudsman. Ombudsman will only usually look at complaints into procedural matters though - I very much doubt they'll look into making a determination of liability themselves.
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I think you misread. The accident company did not find me liable for anything. The only reason they agreed to give me a hire car was in fact because they felt there was a big reason to suggest that I was not liable. Thats how they work.

I did write to my insurance company and they basically said that in your terms and conditions it is stated that it is up to us to decide liability and therefore you have no power to challenge this.

I did have legal costs cover, any chance I can use that to sue my own insurance company?
 
It's my understanding that before you can go to them, you have to make a formal complaint with the insurance company themselves. Let due process take it's course, then refer it to the ombudsman if you still haven't had satisfaction.
 
Sorry cant offer advice to deal with changing liabilty.

But would an obudsman be any help.

Also what is the claims management company doing in all of this or once liabilty is decided do run away
 
*Moangroan* said:
Sorry cant offer advice to deal with changing liabilty.

But would an obudsman be any help.

Also what is the claims management company doing in all of this or once liabilty is decided do run away
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Contacted the accident management company and since they have managed to get their money back they have washed their hands of it all. They are not interested in helping me anymore :(
 
Do you know if the accident management company actually get to court in front of a Judge? If so, could you obtain a copy of the judgement from them?

Have you paid your excess?

Do you know what your insurer has paid out for? Did they pay anything to the third party? How much (roughly) was the repair cost of your vehicle?

I suspect what's happened here is the third party has paid your hire charges on a "without prejudice" basis to prevent any further charges from the accident management company whilst liability is determined. They've gone to your insurer and said "We've paid £x grand out in hire fees, we'll pay out for our insured and you pay out for yours and we'll call it quits". If the repairs to your car were only a few grand this is the cheapest way to sort it, both parties pay their excess, and most importantly to the insurer it closes the file as a full and final settlement and makes it very difficult for anyone to do a personal injury claim further down the line.
 
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blueboy2001 said:
Do you know if the accident management company actually get to court in front of a Judge? If so, could you obtain a copy of the judgement from them?

No all I received was a letter saying the payment of £5,500 hire charges had been settled out of Court and the third party's insurance had paid it in its entirety.

Have you paid your excess?

Yes all £200 of it back in May 2013.

Do you know what your insurer has paid out for?

I know it cost about £3750 to repair my car. I don't know if my insurance company paid for the van of the third party to be repaired.

Did they pay anything to the third party?

No idea :(

How much (roughly) was the repair cost of your vehicle?

£3750

I suspect what's happened here is the third party has paid your hire charges on a "without prejudice" basis to prevent any further charges from the accident management company whilst liability is determined.

They've gone to your insurer and said "We've paid £x grand out in hire fees, we'll pay out for our insured and you pay out for yours and we'll call it quits".

The accident company did mention the words 'without prejudice.' Surely this would make is a 50-50 settlement rather than a 100% liability at my feet. It has been recorded as a fault claim. Are they allowed to record a fault claim to both parties for the same accident?

If the repairs to your car were only a few grand this is the cheapest way to sort it, both parties pay their excess, and most importantly to the insurer it closes the file as a full and final settlement and makes it very difficult for anyone to do a personal injury claim further down the line.
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To be fair I was the one in the car that was 'bulldozed' by a van and I had no personal injury claim to make. Regardless no doubt they are protecting their behinds in terms of payment.
 
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