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Insurance Company Denying Liability

  • 29-11-2011 5:30pm
    #1
    LHPlease
    Closed Accounts Posts: 2 ✭


    Hi,

    I'm looking for advice if anyone has some.

    I was in a car crash over a year ago. I had some minor injuries (Whiplash). The car I was travelling in was a taxi and was hit from behind at a roundabout. The driver who hit us admitted liability and it worked out that the driver and taxi were both insured by the same company. The insurance company rang me two days later asking to take statement and if any injuries occurred. She informed me that they were both insured by her company and that the driver admitted liability.

    After statements were took, they said they would make contact with an offer. I waited for the contact and they kept fobbing me off saying that the case was still being investigated. I wasn't aware what was going on and eventually, 9 months later they informed me that they will not be making any offer as the damage to the two cars were inconsistent. This suggestion was made by an independent assessor and that if I pursued the case through the courts and lost, they will be looking for me to pay their legal fees.

    I know for sure that the company has already paid the taxi man vehicle damage and loss of earnings. He didn't claim for personal injuries.

    I then went to a solicitor, who forwarded my case to the Injuries Board and the insurance company has rejected the claim. It will now have to go to the courts. I'm now debating stopping the claim as I feel that they are confident in winning their case and I can't afford my own legal fees if it goes to court and I lose, never mind their fees. The solicitor has never assured me that I would win, which is a bit of a scare too. I would love to have the nerve to continue and not worry about the fees... As I can't afford them and I don't own anything valuable either. Has this happened to anyone else? Has anybody ever gone to court for a personal Injuries claim and lost?... Many thanks


Comments

  • #2
    -Chris-
    Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    Moved to Legal Discussion, you may get better advice here.


  • #3
    kennM
    Registered Users Posts: 603 ✭✭✭kennM


    LHPlease wrote: »
    Hi,

    I'm looking for advice if anyone has some.

    I was in a car crash over a year ago. I had some minor injuries (Whiplash). The car I was travelling in was a taxi and was hit from behind at a roundabout. The driver who hit us admitted liability and it worked out that the driver and taxi were both insured by the same company. The insurance company rang me two days later asking to take statement and if any injuries occurred. She informed me that they were both insured by her company and that the driver admitted liability.

    After statements were took, they said they would make contact with an offer. I waited for the contact and they kept fobbing me off saying that the case was still being investigated. I wasn't aware what was going on and eventually, 9 months later they informed me that they will not be making any offer as the damage to the two cars were inconsistent. This suggestion was made by an independent assessor and that if I pursued the case through the courts and lost, they will be looking for me to pay their legal fees.

    I know for sure that the company has already paid the taxi man vehicle damage and loss of earnings. He didn't claim for personal injuries.

    I then went to a solicitor, who forwarded my case to the Injuries Board and the insurance company has rejected the claim. It will now have to go to the courts. I'm now debating stopping the claim as I feel that they are confident in winning their case and I can't afford my own legal fees if it goes to court and I lose, never mind their fees. The solicitor has never assured me that I would win, which is a bit of a scare too. I would love to have the nerve to continue and not worry about the fees... As I can't afford them and I don't own anything valuable either. Has this happened to anyone else? Has anybody ever gone to court for a personal Injuries claim and lost?... Many thanks

    Interesting situation, I fail to see how they are defending position.... and I'm surprised your solicitor isn't confident. You suffered injuries due to someone elses fault.... be it the taxi driver or the person who hit the back. Given the fact that they have paid the taxi driver for damages and loss of earnings it really says that driver behind is at fault. They often settle without admitting liability though.

    From what I hear some insurance companies refuse PIAB assessment as par for the course to weed out suss claims and do some posturing to scare some off. Sounds like this in your case. Its either the taxi drivers policy pays or the other drivers.... either way they are posturing in my view.

    Still a tricky decision though... discuss with your solicitor.


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    You were hit from behind at a roundabout. The insurer has already paid for damage to car you were in ? Good case imho


  • #5
    kennM
    Registered Users Posts: 603 ✭✭✭kennM


    nuac wrote: »
    You were hit from behind at a roundabout. The insurer has already paid for damage to car you were in ? Good case imho

    I'd tend to agree with you, it seems like insurance company posturing trying to scare off a claim


  • #6
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    LHPlease wrote: »
    Hi,

    I'm looking for advice if anyone has some.

    I was in a car crash over a year ago. I had some minor injuries (Whiplash). The car I was travelling in was a taxi and was hit from behind at a roundabout. The driver who hit us admitted liability and it worked out that the driver and taxi were both insured by the same company. The insurance company rang me two days later asking to take statement and if any injuries occurred. She informed me that they were both insured by her company and that the driver admitted liability.

    After statements were took, they said they would make contact with an offer. I waited for the contact and they kept fobbing me off saying that the case was still being investigated. I wasn't aware what was going on and eventually, 9 months later they informed me that they will not be making any offer as the damage to the two cars were inconsistent. This suggestion was made by an independent assessor and that if I pursued the case through the courts and lost, they will be looking for me to pay their legal fees.

    I know for sure that the company has already paid the taxi man vehicle damage and loss of earnings. He didn't claim for personal injuries.

    I then went to a solicitor, who forwarded my case to the Injuries Board and the insurance company has rejected the claim. It will now have to go to the courts. I'm now debating stopping the claim as I feel that they are confident in winning their case and I can't afford my own legal fees if it goes to court and I lose, never mind their fees. The solicitor has never assured me that I would win, which is a bit of a scare too. I would love to have the nerve to continue and not worry about the fees... As I can't afford them and I don't own anything valuable either. Has this happened to anyone else? Has anybody ever gone to court for a personal Injuries claim and lost?... Many thanks

    People have lost cases, usually where they were exaggerating or lying about the incident. The insurance companies are playing hardball so they won't have to pay out for a year or two. If your solicitor is on no foal no fee he wouldn't be pursuing a hopeless case to the courts. The insurance company are unlikely to chase you for costs if you don't have any money or assets.


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  • #7
    Katekat
    Closed Accounts Posts: 45 ✭Katekat


    when you made the statement to the insurer did you tell them you were injured? Imo you have a decent case. your a passenger in a taxi and taxi was his. the only thing the insurance company has to decide which policy pays out the taxi or the other vehicle. solicitors will never promise 100% chance of winning. but your case sounds decent enough. as long as you have made it known from the start that you were injured you should be ok. what they will question is if the injury only came about after a number of months past. if you go ahead, get your solicitor to name both the taxi driver and the other driver as defendants, that way you are going after both. even if the taxi driver is cleared the other one will have to pay up. also remember the damage to both car maybe inconsistent to them and stop them making a decision on whose at fault but at the end of the day you were injured.


  • #8
    kennM
    Registered Users Posts: 603 ✭✭✭kennM


    Katekat wrote: »
    when you made the statement to the insurer did you tell them you were injured? Imo you have a decent case. your a passenger in a taxi and taxi was his. the only thing the insurance company has to decide which policy pays out the taxi or the other vehicle. solicitors will never promise 100% chance of winning. but your case sounds decent enough. as long as you have made it known from the start that you were injured you should be ok. what they will question is if the injury only came about after a number of months past. if you go ahead, get your solicitor to name both the taxi driver and the other driver as defendants, that way you are going after both. even if the taxi driver is cleared the other one will have to pay up. also remember the damage to both car maybe inconsistent to them and stop them making a decision on whose at fault but at the end of the day you were injured.

    Correct me if I'm wrong but regardless I believe you will claim off the taxi drivers insurance and his insurance company can pursue claim from other driver (in this case its irrelevant as they are both the same insurance company).


  • #9
    Katekat
    Closed Accounts Posts: 45 ✭Katekat


    kennM wrote: »
    Correct me if I'm wrong but regardless I believe you will claim off the taxi drivers insurance and his insurance company can pursue claim from other driver (in this case its irrelevant as they are both the same insurance company).

    I would have though if its just the taxi driver that is named and they keep arguing over the liability the other driver will eventually be pulled in as a Third Party. this will require the usual documents being submitted to the court clerk. I would have though it would be more efficient to name both drivers and let the judge decide whose liable as the insurer is not willing to do this. IMO they are acting the maggot as they are insurer both drivers and still wont make a decision. if the case is won they will have to pay out no matter which driver is at fault


  • #10
    kennM
    Registered Users Posts: 603 ✭✭✭kennM


    Katekat wrote: »
    I would have though if its just the taxi driver that is named and they keep arguing over the liability the other driver will eventually be pulled in as a Third Party. this will require the usual documents being submitted to the court clerk. I would have though it would be more efficient to name both drivers and let the judge decide whose liable as the insurer is not willing to do this. IMO they are acting the maggot as they are insurer both drivers and still wont make a decision. if the case is won they will have to pay out no matter which driver is at fault

    I think you are probably right however I would say that the best thing to do on this issue is to seek legal advice and move forward on that advice rather than advice from boards. Probably good to get thoughts and ideas but its a different story if you're the one putting you hand in your pocket.


  • #11
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Katekat wrote: »
    I would have though if its just the taxi driver that is named and they keep arguing over the liability the other driver will eventually be pulled in as a Third Party. this will require the usual documents being submitted to the court clerk. I would have though it would be more efficient to name both drivers and let the judge decide whose liable as the insurer is not willing to do this. IMO they are acting the maggot as they are insurer both drivers and still wont make a decision. if the case is won they will have to pay out no matter which driver is at fault


    Only parties who have been named as Defendants on the PIAB claim can be added. The usual thing is to name everybody (including the MIBI) on the PIAB
    claim. That is one of the reasons why it is so important to have a solicitor involved from the outset.


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