Part 36 Claimant settlement offer

[libanielmi17]

First of all, I just want to thank the tremendous people on these forums who aid us in our times of need. Since I found this forum my mental health has really improved knowing I can get help from somewhere, so much appreciated.

To summarise my situation, I was involved in an car accident in 2021 which I whole heartedly believe was not my fault. Now after this point, I tried to go through my insurance at the time to claim, however; they soon cancelled my policy because I made a genuine mistake with one piece of information when taking out the policy. It was not something I believe would have made any difference to the claim but they proceeded to cancel my policy and stated no indemnity will be provided.

Fast forward, I received a letter in September 2022 from CCMCC as the owner of the vehicle and their insurance company are taking me the court. I responded to the N9 form and defended the claim in October 2022 in large part due to the information in there forums. The claimant and their insurance providers solicitor's are requesting damages in excess of £40,000. Recently, I received an N181 form and also completed this along with the draft directions template posted in this forum. Just this week I have received a Part 36 offer to settle letter from the claimants solicitor asking for £26000. Please if anyone explain how I can reject this offer. Are there templates available to reject such an offer? What comes after rejecting a Part 36?

I hope someone can help me as I can not afford a solicitor. Thank you in advanced.

[atticus]

No need for a template. If you are minded to reject the Part 36 Offer, simply say that you do not accept it. The case will then carry on through the court processes, ultimately leading to a trial of the action if the case is not settled.

Are you certain that you understand the full implications of not accepting a Part 36 Offer? Do not go into this blindly. Getting that decision wrong can have very expensive consequences.

[atticus]

You may find this useful reading: A Handbook for Litigants in Person, written by various judges. If you are defending yourself in a court case you should read it, and have it close to hand.

It has an entire chapter on Part 36.

[libanielmi17]

No need for a template. If you are minded to reject the Part 36 Offer, simply say that you do not accept it. The case will then carry on through the court processes, ultimately leading to a trial of the action if the case is not settled.

Are you certain that you understand the full implications of not accepting a Part 36 Offer? Do not go into this blindly. Getting that decision wrong can have very expensive consequences.

Thank you for your response.

I believe if I reject the settlement I could end up having to pay more than the settle offer. Is that correct?

At the moment it seems like a trial is the only option because neither I nor the claimant want to accept liability for the accident. So I am not sure how this will play out in court as I am going up against experience solicitors.

[atticus]

The answer to your question is that this is possible; and if that happens, it can be even mre expensive, as the handbook explains.