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    3yr old Car Accident Advice

    Hi all,

    OK, So had a minor car accident a few years back and it was basically not my fault. The 3rd party had kids in the car and I'm guessing disputed liability, I was told they had put in a large personal injury claim at the time. I had pictures and a witness to prove it wasn't my fault. An independent car assessor also agreed. 1.5 years after the incident it was still dragging on so I complained - I was given non-fault by my insurance company and left the insurer last year with my no claims cert. Didn't get my excess back though.

    3 years on I get this letter from my previous insurance company:

    "As you will be aware we approach the third anniversary of this case. Due to the time that has elapsed the third party now seriously intends to issue court proceedings.

    We have recently discussed the case with the third party and they are looking to put forward an offer of 50% split in respect of liability. This would mean that we are 50% liable for the losses incurred in this accident, and the third party is equally responsible.

    At this time we have the statement from the witness, but his contact details appear to have changed and we are unable to rely that he would attend any court hearing to support your case. His statement alone will not suffice.

    At this time we feel that an offer of 50-50 split in liability puts our case at significant risk. We therefore must ask if you have any issue with this you get in contact with us within the next 7 days.

    If we do not hear from you before Thursday 11th August 2016 we will look to settle the third party claim on a 50% basis with no admission of liability."

    I'm not entirely sure what they are asking of me? or how this affects me now? Surely with everything (photo's, witness statement etc) they have, it would have enough to be confident enough to take it to court?

    Not too sure what to make of this and how i should proceed, so would appreciate any advice before i get back in touch with the insurer.

    Thanks

    9 Comments

    From experience you will get 50/50 I had similar with the other person accepting liability and even went garages for quotes to fix my car, 6 months later I'm told he claiming 50/50 so it sound's like you will get the same

    50 50 will go on your record. depending on your provider they ask if you have any accidents where you were at fault in the last 3 or 5 years sometimes longer. it may impact your renewal quotes

    Is this definitley a genuine letter sounds dodgy to me. First step is to phone them and clarify what it is they are saying

    Speak to somebody in charge and make it VERY clear that you are not agreeing to what they are proposing. I take it this isnt a very well known insurance conpany as it reeks of scam

    Original Poster

    123batman321

    Is this definitley a genuine letter sounds dodgy to me. First step is to … Is this definitley a genuine letter sounds dodgy to me. First step is to phone them and clarify what it is they are sayingSpeak to somebody in charge and make it VERY clear that you are not agreeing to what they are proposing. I take it this isnt a very well known insurance conpany as it reeks of scam



    Its genuine. I didn't copy/cut paste the rest of the letter as it had my claim ref and personal details. I also had a missed call and voice message left about this earlier in the day from the insurer.

    I'd be happy for this to go to court and I'd be happy to attend as well. Its unclear if they are asking me to do this or if they have already made their minds up and just want to settle at 50/50.

    Surely the 3rd party solicitors would be advising their client against legal proceedings if they felt they would lose?

    I had similar thing but refused to accept 50/50 as I'd still be out of pocket.
    They left it until 2 days before court date but then third party insurance took full responsibility.
    I think they're trying their luck with you.

    wincey

    I had similar thing but refused to accept 50/50 as I'd still be out of … I had similar thing but refused to accept 50/50 as I'd still be out of pocket.They left it until 2 days before court date but then third party insurance took full responsibility.I think they're trying their luck with you.



    Agree with this. I work for a broker and it's common insurers issue letters like this but in your case seems to have dragged on a very long time.
    I'd be inclined to stick to my guns and not agree to 50/50. Most try to get you panicking as the thought of going to court is daunting and of course ur old insurer needs to send you details when they hear from the third party.

    You were insured with this company. You no longer are.
    It is their call whether they accept the 50% offer or not. You simply need to make it clear to them that if they accept this offer of 50% you are not prepared to accept any detriment whatsoever (if indeed this is your position). I'm only guessing this part but if it goes to court and you are found to be 100% to blame then clearly your Insurance company pays all the claim and maybe costs. In this scenario, it would impact upon your future insurance costs.

    Going back 25 years I had someone try the same with me (they pulled out of a side road through a line of stationary traffic, I swerved and was fully in the oncoming lane when they hit me). I'd already been gently slowing down for lights 150 yards ahead, but they claimed I was speeding (I wasn't).

    Even though I had a witness who saw it as an oncoming vehicle, and was able to confirm clear liability of the third party, I was advised to accept 50-50 as I would have become liable for the insurers costs if I couldn't get the court to agree that liability was entirely theirs.

    I suspect many young drivers are stitched up like this - it's good for the insurers profits getting enhanced premiums from two people instead of one.

    I've had legal cover added to my policy since - and relied on it once when an Irish HGV changed lanes into me and jammed me under his nearside wheel. He only stopped when he discovered his steering felt funny...

    Although liability was admitted at the scene, his company denied any involvement of any of their vehicles for (IIRC) six months - it was only the solicitors letters that finally persuaded them to own up.

    The threat of legal action is possibly being threatened as I think they get three years from the date of knowing they can claim to pursue you/your insurers in the courts . I think if they miss the deadline they cannot raise a case at a later date..so they may be bluffing. Surely if they think they have a solid case against you they wouldn't settle for 50/50? As far as your insurers are concerned it is of course cheaper for them to settle 50/50 than to pay your legal costs and their staff costs if it does go to court.Your insurers (even if you are no longer with them) should be supporting you against what you think is a 'bogus' claim..after all aren't they all moaning about fraudulent claims? Speak to them, hold your ground and tell them you expect them to support you especially if the legal threat is only being raised due to the 3 year period about to expire and see how they react before you give in!! Good luck
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