TP disputing car insurance settlement- gone to solicitor!

lir6777

MOD EDIT - Threads merged. Try not to create duplicate threads.

Cheers.

lir6777

Hi,
I'm looking for people's advice because my insurance company are being fairly useless in telling me what's happening. I was in a collision last November, with approx 1200 euro damage done to each car and no injuries thank God. After a loooong dispute, the TP insurer wrote to my insurer saying that they would pay the full costs. That was April. I was given my NCB back and was waiting for my 300 euro excess when I got a solicitor's letter from the TP this week. This letter was also sent to my insurer and basically demands that I concede liability or they'll take it to court. My insurer are faffing around with me but have said that they will 'weigh the economics' and, if the cost of sending a few solicitor's letters will be too much, they will pay partial costs!!
Can the TP do this???As far as I was concerned the insurance company own the claim so you surely can't go against them and take the other insurer and policy holder to court?!
I'm so mad that this is still going on- does anyone know anything about these matters??

MugMugs

lir6777 wrote: »

Hi,
I'm looking for people's advice because my insurance company are being fairly useless in telling me what's happening. I was in a collision last November, with approx 1200 euro damage done to each car and no injuries thank God. After a loooong dispute, the TP insurer wrote to my insurer saying that they would pay the full costs. That was April. I was given my NCB back and was waiting for my 300 euro excess when I got a solicitor's letter from the TP this week. This letter was also sent to my insurer and basically demands that I concede liability or they'll take it to court. My insurer are faffing around with me but have said that they will 'weigh the economics' and, if the cost of sending a few solicitor's letters will be too much, they will pay partial costs!!
Can the TP do this???As far as I was concerned the insurance company own the claim so you surely can't go against them and take the other insurer and policy holder to court?!
I'm so mad that this is still going on- does anyone know anything about these matters??

So the Third Party Insurer admitted liability in writing to your Insurer.

The Third Party has since gone to a Solicitor whom is now seeking recovery of the claims outlay.

Retracting an admission of liability is hard unless new evidence has come to light.

Generally you cant go against your insurer however there is nothing stopping the Third Party from attempting to recover Uninsured losses and or Personal Injury if they wish. The fact that their Insurer has already admittied liability though, presents them with an issue.

Henry Ford III

Very odd for them to have admitted liability and then perform a u turn on it. I assume there is written record of the admission?

lir6777

That's right, except the TP insurer didn't admit liability as such (apparently this is rarely done), they merely agreed to pay the costs. In writing to my insurer, yes. As far as I am aware there are no other costs and thankfully no injury being mentioned. It seems more like an issue of pride to me that he's going against his insurer but I don't know if he can get anywhere with this...?

MugMugs

lir6777 wrote: »

That's right, except the TP insurer didn't admit liability as such (apparently this is rarely done), they merely agreed to pay the costs. In writing to my insurer, yes. As far as I am aware there are no other costs and thankfully no injury being mentioned. It seems more like an issue of pride to me that he's going against his insurer but I don't know if he can get anywhere with this...?

Ah so a liability dispute and the Third Party Insurer took the view that a "Knock for Knock" resolution was the best option and did so on a Without Prejudice basis.

He could get somewhere.

It's all down to which side has the biggest set of balls to be honest. Who buckles under the pressure of a liability dispute and impending litigation costs.

Your Insurer could view it as more economical for them to just settle his claim than to endure litigation costs.

Then again, they could decide to fight it to the very death.

lir6777

My insurer (at the time) was Quinn- don't think they're known for fighting anything to the death!
Yikes, just when you think it's safe to get back on the road!