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Can I appeal my car insurers decision to pay out on a claim.

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Comments

  • #32
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,347 ✭✭✭NUTLEY BOY


    It might be worth a brief restatement of the main rule of the game.

    If the plaintiff can establish the truth or credibility of a plea, on the balance of probabilities, the courts will find in their favour. This basic rule applies to the issue of fault where liability is an issue and to the issue of any losses or injuries claimed.

    The balance of probabilities is the standard of proof that must be reached by the party claiming something. Balance of probabilities means that something is at least 51% more likely than not.

    The big problem with the balance of probabilities is that honest claimants and superbly convincing liars are both capable of reaching the standard plausibly.


  • #33
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,347 ✭✭✭NUTLEY BOY


    In relation to OP's original question I still think that the answer is "no".

    Under the contract, motor insurers have the right to handle the claim as best as they see fit. In plain terms that will mean the best economic terms that they can get to settle a case, especially where fault is not an issue.

    Having regard to the burden of proof mentioned in the previous post you can see that insurers are on a hiding to nothing in trying to contest a case unless they have superb evidence..


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