insurance question

[loki101]

A friend of mine (lol its not me!)

Was involved in an accident some time ago and its still dragging on. (1 yr or 1 and 1/2 yrs)

Basicaly her insurance offered the 3rd party an offer which was rejected.
Now it may go to court. As the 3rd party want 100%, but if the 3rd party comes back with another offer say 80% to 20%. They were offer less than this but may except that as cheap than going to court.

Could my friend reject the offer and request that it go to court or is the insurance company as the paymaster, get the deciding vote as to whether to settle and if so what % of liability is good for them (cost benfit etc of going to court)

Or can you, refuse to accept liability and demand to go to court?

Thanks

 

[Finglonga]

Why is your friend involved at all? It is the insurance company that say how much they pay in a claim whether it goes to court or not. That's if I understand your question correctly?

 

[loki101]

Its not to do with the amount of the claim.

But the % of liabilty to each party that is at issue. My question is can she instruct the solictors to a % of liability she would accept.

An if they canot reach that by negotiation then, instruct them to go to court.

Or are you at the mercy of the insurance company, regardless of whether you are happy with the decision as they front the legal costs?

She has legal protection, for whatever that is worth.

 

[Finglonga]

Sorry, I understand now. Your friend asking them to go to court would just be a waste of time as the insurance would spend money trying to proportion blame as it starts costing money when the courts are involved. Most when in doubt will try for a 50/50 claim to cut costs.

However if there is solid evidence that the other party was to blame your insurance company will fight if your friend instructs them to.

With our accident we were offered 50/50 even though the other car crossed onto our side of the road. But all the evidence and witnesses proved 100% it was the other drivers fault.