erol_h Posted November 24, 2008 Share Posted November 24, 2008 Last year i had a accident to cut a long story short the other party was to blame i have my witnesses and will not back down. They came back with a 50/50 settlement and i told them where to shove it and said if they dont accept liability im will take this to court. Its been since the 5th of october i denied there 50/50 and i have no reply from them since. Is it possible they are holding on and not replying to see if i give in and change my mind im jus getting fed up of waiting for these idiots wasting my time. Do they have a time period to where they have to reply? Quote Link to comment Share on other sites More sharing options...
staceymr2 Posted November 24, 2008 Share Posted November 24, 2008 This happened to me a few years back when I got hit. I was lucky and had the poilce involved. Got a call from the TPs insurance saying it was 50/50. I said no way and rung every other day untill I got it solved. Insurances do drag there heels...... They dont get a time scale as far as i know to do things, but if you hassle them it helps speed things up. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted November 24, 2008 Share Posted November 24, 2008 Last year i had a accident to cut a long story short the other party was to blame i have my witnesses and will not back down. They came back with a 50/50 settlement and i told them where to shove it and said if they dont accept liability im will take this to court. Its been since the 5th of october i denied there 50/50 and i have no reply from them since. Is it possible they are holding on and not replying to see if i give in and change my mind im jus getting fed up of waiting for these idiots wasting my time. Do they have a time period to where they have to reply? Did you not involve a solicitor? They could have signed you up on a CFA so that you pay nothing and they would have sorted it all out. Also how can you expect a serious reply without giving any information as to the claim. They are claiming 50/50 for a reason... why is that? Edit: they might be obtaining experts reports in relationt o liability and quantum which piss all over your 'witness', they might be incurring all sorts of costs which if you were to lose would mean that6 you end up paying on a standard basis. Quote Link to comment Share on other sites More sharing options...
erol_h Posted November 24, 2008 Author Share Posted November 24, 2008 Did you not involve a solicitor? They could have signed you up on a CFA so that you pay nothing and they would have sorted it all out. Also how can you expect a serious reply without giving any information as to the claim. They are claiming 50/50 for a reason... why is that? Edit: they might be obtaining experts reports in relationt o liability and quantum which piss all over your 'witness', they might be incurring all sorts of costs which if you were to lose would mean that6 you end up paying on a standard basis. I didnt involve a solicitor as i didnt think it was needed first time ive had to deal with a claim. I did write a serious reply to there 50/50 claim i answered back to every one of there questions pointing out all of his mistakes and explaining what they claimed wasnt possible. I just wrote it brief in my post sorry if it wasnt clear. I dont see how a expert report would help he was clearly in the wrong and hanging onto a lie which he made up that wount hold up im very certain ive got c*nt cornerd. Quote Link to comment Share on other sites More sharing options...
stevie_b Posted November 24, 2008 Share Posted November 24, 2008 As marbleapple said I'd involve a solicitor if it goes any further. I presume that you've got legal cover as part of your car insurance. As it is, I'd just leave it to one side. collect all the paperwork, correspondance, your notes as to what happened (including time of day, date, road conditions, light conditions, everything you can think of) and keep them in a file. When/if the TP decides to come back to you, you just dust the file off and away you go. I think some people leave it a while and hope you're not organised enough to recall the circumstances after x months. I think there may be a time period for claiming, although I think it's quite a while (could be 2 years, I wouldn't take my word for it though). However if it were to go for court, the TP would need a good reason IMO for delaying this long. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted November 25, 2008 Share Posted November 25, 2008 As marbleapple said I'd involve a solicitor if it goes any further. I presume that you've got legal cover as part of your car insurance. I think there may be a time period for claiming, although I think it's quite a while (could be 2 years, I wouldn't take my word for it though). However if it were to go for court, the TP would need a good reason IMO for delaying this long. Even if he does not have before the event insurance going to a solicitor likely wouldn't cost anything, a lot of law firms would sign him up to a real no win no fee scheme (CFA) or a CFA light in which he pays nothing win or lose. 3 or 6 years is the limitation date depending on what they are claiming for (since the original poster doesn't say). But then the original poster doesnt even say who is claiming 50/50... is it his mate or a firm of solicitors? Why are they writing to the original poster direct... does he not have insurance? (was he actually in a car - again the original poster does not say) With regards to the initial poster, every case is different and people can not give or be expected to give you accurate advice if you won't tell us the information needed to come to a conclusion. In short, if there is a claim in which the other side si trying to claim 50/50 then it is likely that the other side do have an argument. Responding to their points might not be the most sensible thing as you might be hanging youself... are you aware of the issues of causation, liability, contributory negligence, quantum etc etc? Unless you are aware of the law (qualified solicitor specialising in this area) then you are not doing yourself any favours doing it all yourself. Quote Link to comment Share on other sites More sharing options...
stevie_b Posted November 25, 2008 Share Posted November 25, 2008 With regards to the initial poster, every case is different and people can not give or be expected to give you accurate advice if you won't tell us the information needed to come to a conclusion. In short, if there is a claim in which the other side si trying to claim 50/50 then it is likely that the other side do have an argument. Responding to their points might not be the most sensible thing as you might be hanging youself... are you aware of the issues of causation, liability, contributory negligence, quantum etc etc? Unless you are aware of the law (qualified solicitor specialising in this area) then you are not doing yourself any favours doing it all yourself. Wise words. Quote Link to comment Share on other sites More sharing options...
SteveR Posted November 25, 2008 Share Posted November 25, 2008 Get your "legal cover" people involved, assuming you have it. The car insurance industry was in trouble with the ombudsmen not so long ago for taking too long to resolve claims, have a search about as I'm sure they put guidelines in place which you (or preferably your legal cover people acting on your behalf) can quote. Quote Link to comment Share on other sites More sharing options...
erol_h Posted November 25, 2008 Author Share Posted November 25, 2008 the 50/50 claim was offerd to my insurance company from the other parties insurance company. Is there any solicitors that you lot would recommend to use as i would like to resolve this matter as its dragged on long enough. Quote Link to comment Share on other sites More sharing options...
SteveR Posted November 25, 2008 Share Posted November 25, 2008 the 50/50 claim was offerd to my insurance company from the other parties insurance company. Is there any solicitors that you lot would recommend to use as i would like to resolve this matter as its dragged on long enough. Your insurance company should be able to act on your behalf, as instructed by you. Tell them it wasn't a 50/50 blame situation and why they would suggest accepting such a settlement if you have witnesses that can give statements to the contrary, etc etc etc. it sounds to me as if YOUR insurance company need to get off their backsides. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted November 25, 2008 Share Posted November 25, 2008 Your insurance company should be able to act on your behalf, as instructed by you. Tell them it wasn't a 50/50 blame situation and why they would suggest accepting such a settlement if you have witnesses that can give statements to the contrary, etc etc etc. it sounds to me as if YOUR insurance company need to get off their backsides. As above. Your insurance company would have its own internal firm (or pass it to a firm of solicitors). From the facts you have provided now, you have nothing really to do with the claim and are likely not to have a clue what is going off. Your insurance company have simply rung you up to offer 50-50. Your insurance company (or their solicitors) are dealing with the case and will know what is going off. Why not ring them and ask? You might think there are delays where in fact there might have been 50,000 communications between the two companies (slight exaggeration perhaps). My point is that lots go of and the client never knows. Quote Link to comment Share on other sites More sharing options...
snake Posted November 25, 2008 Share Posted November 25, 2008 Do you both have the same insurance company ? Quote Link to comment Share on other sites More sharing options...
erol_h Posted November 25, 2008 Author Share Posted November 25, 2008 No we dont both have the same insurance companies. I spoke to them today asking exactly whats going on to which they replied becuase im not claiming injuries or any damage to the vehicle as it was very minor that they cant push as they have nothing to claim for. They said that they are backing me all the way and are not expecting liability or the other parties claims and have instructed solicitors ready to go if they wish to proceed to court. I asked about a soliticor aswell and they its not really worth getting one i have nothing i need to claim for im just trying to clear my name and my bloody ncb back. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted November 26, 2008 Share Posted November 26, 2008 No we dont both have the same insurance companies. I spoke to them today asking exactly whats going on to which they replied becuase im not claiming injuries or any damage to the vehicle as it was very minor that they cant push as they have nothing to claim for. They said that they are backing me all the way and are not expecting liability or the other parties claims and have instructed solicitors ready to go if they wish to proceed to court. I asked about a soliticor aswell and they its not really worth getting one i have nothing i need to claim for im just trying to clear my name and my bloody ncb back. There you go. Ask the people tha know and you get an informed answer Quote Link to comment Share on other sites More sharing options...
erol_h Posted November 26, 2008 Author Share Posted November 26, 2008 guess im just gona have to sit here and ride it out. I wasnt sure if this was normal so i wanted to ask as i havnt had experince with this before but thanks for your help. Quote Link to comment Share on other sites More sharing options...
SteveR Posted November 26, 2008 Share Posted November 26, 2008 Just keep in regular contact with your insurance company, and if anyone give you dates e.g. "if we haven't heard anything by the 20th, we'll get in touch with them..." give them a call the day after to see how it went (i.e. that it happened, and that they haven't changed their game plan to resolving your case.) Quote Link to comment Share on other sites More sharing options...
marbleapple Posted November 26, 2008 Share Posted November 26, 2008 Just keep in regular contact with your insurance company, and if anyone give you dates e.g. "if we haven't heard anything by the 20th, we'll get in touch with them..." give them a call the day after to see how it went (i.e. that it happened, and that they haven't changed their game plan to resolving your case.) Above is good advice. Saying that though I see this sort of thing every day... its amazing how clever the insurance guys are.... they hate to give a penny out... chances are that if they ring to offer 50-50 they might be doing it for a reason. I would want to know why they offered that. Quote Link to comment Share on other sites More sharing options...
erol_h Posted November 26, 2008 Author Share Posted November 26, 2008 The reason i think the other party offerd a 50/50 claim is because i think they know they cant win and are trying to push there luck and see if i bite. The guy that came to interview me from my side of the insurance when i showed him what happened he was positive that we a strong case and should win so hopefully this ends soon. Quote Link to comment Share on other sites More sharing options...
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