Following being involved in an RTA I received a cheque from the other driver's insurance company a week or so back. This was attached to a letter saying that it was an interim payment in respect of the vehicle and made on a without prejudice basis. It also said “We reserve the right to recover any excess payment or deduct from another head of claim, should your claim fall below the above sum.” I contacted my solicitor who said this was all fine and to pay the cheque into my account.
Today I received another letter from the same person at the other driver's insurance company, advising that they are seeking to recover their outlay and want me to admit liability for the accident. I contacted my solicitor who said they will now allocate someone new to deal with it has become a disputed claim. He also said I should update my insurance company. However, when I called my insurer the guy I spoke to was adamant that once a without prejudice payment has been made they can't dispute liability and that they won't be able to claim back any money already paid to me. He assured me he's been doing the job for many years and knows what he is talking about.
Does anyone have any knowledge or experience of this sort of situation please?
For the record I do consider the other driver to be at fault. The (admittedly brief) description of the accident in this latest letter from his insurance company has clearly been crafted to avoid being an actual lie, whilst portraying the circumstances of the accident as being rather different to what actually occurred. Quite poor really as at the time he was very apologetic and effectively admitted it was his fault.
Today I received another letter from the same person at the other driver's insurance company, advising that they are seeking to recover their outlay and want me to admit liability for the accident. I contacted my solicitor who said they will now allocate someone new to deal with it has become a disputed claim. He also said I should update my insurance company. However, when I called my insurer the guy I spoke to was adamant that once a without prejudice payment has been made they can't dispute liability and that they won't be able to claim back any money already paid to me. He assured me he's been doing the job for many years and knows what he is talking about.
Does anyone have any knowledge or experience of this sort of situation please?
For the record I do consider the other driver to be at fault. The (admittedly brief) description of the accident in this latest letter from his insurance company has clearly been crafted to avoid being an actual lie, whilst portraying the circumstances of the accident as being rather different to what actually occurred. Quite poor really as at the time he was very apologetic and effectively admitted it was his fault.