Third party insurers refusing idemnity help please

[Benny1981]

Hi, looking for some advice. I was involved in a non fault accident in may2018, stationary and a car went into the back of me. My daughter was a passenger in my vehicle we were on the school run. It was quite an impact not enough for air bags to go off but we were both shaken up. My car was drivable so me and TP exchanged details and I contacted my insurance. We were both genuinely injured and that is the truth with my injuries causing the tops of my legs problems alongside whiplash symptoms. My insurance passed me into accident management for replacement vehicle as non fault and straight forward claim or so I thought. We completed quite an intense physio therapy courses which were extremely beneficial, attended a medical review etc etc.

tp insurers admitted liability in June now they have changed their minds and are now refusing idemnity. Repair costs hire costs and physio costs are now outstanding and I’ve been advised that it is going to court.

can anyone please advise me on what happens next I’ve provided bank statements and all further documents as requested. I really am starting to worry that this is going to cost me and for something that wasn’t my fault with liability admitted initially by tp I’m really confused. Also can a cla still be settled out of court at this stage? Any advise or answers appreciated Thankyou.

[Peridot]

Hi Benny1981,

What reason have they given for changing their mind? From your post it looks like the insurers are dealing with this or do you have a lawyer? Who organised the physio was this the tp insurers or your own insurer, in which case is your own insurance fully comprehensive?

How were you informed of their admission of liability? Was this by letter? After the accident did you see your GP or attend the hospital? Has the physio provided a report on your injuries?

Sorry a lot of questions I'm afraid. Hopefully we can point you in the right direction with a bit more information.

[Benny1981]

Hi, all I’ve been told is that the tp has lied to his insurer hence why they are refusing the idemnity. I wasn’t told the reasons why. The legal cover on my insurance are dealing with it and as stated before we were genuinely injured, I am fully comprehensive. Admission of liability was provided in an email from my solicitor firm who have dealt with the claim from the start. We attended gp and also physio reports were submitted to tp along with a further medical report of another appointment we were asked to attend. Court documents had already been issued as they had not replied in the set time frames even though liability initially admitted. The reply from tp was weeks late and advised the refusal of idemnity. I’ve submitted my log book mot insurance bank statements etc to my solicitor now it just feels like an awful lot of work my end for something that wasn’t my fault.

[Peridot]

Hi again,
So there is no issue surrounding you and your injuries, this is about the TP insurers pulling their insurance potentially? Have your solicitors contacted the TP insurers? It may be that the claim needs to be redirected either to the TP directly (depending on his ability to pay any damages that are awarded) or potentially a Motor Insurers Bureau claim if it turns out the TP was uninsured. The TP insurers may still agree to settle aspects you'll need to get your solicitor to confirm the next steps for you now.
Don't panic the solicitor and your insurer should sort it out and advise you what should happen next. It doesn't mean you just drop the claim for you and your daughter. It may be delayed but you'll still get to the end.

[Benny1981]

Thankyou that’s put my mind at rest. I was worried I’d be landed with a hefty bill that’s all. My guess would be that he was insured, as they initially admitted liability in June. That’s where I get confused as in my opinion you were either insured on the day of the accident or you weren’t. If he has lied than that’s not my fault and his insurances job to take that up with him. I understand it’s not that easy but it is a nightmare. Thanks for the advice and as and when I hear anymore I will post back here.

[2222]

Hi Peridot I have a feeling that it's not as simple as that. The Road Traffic Act makes it difficult for insurers to avoid paying certain third party claims, even where the policy is voidable through misrepresentation. If so, the insurer has to pay Benny's claim, but can then claim it back from their former policyholder. I don't have the details to hand, and I have to go out for a hospital appointment. I think it's likely any injury claims would survive the policy being voided, but not so sure about the car damage.

Sorry to throw this jumbled, half-remembered, thought into the works!

[2222]

https://www.legislation.gov.uk/ukpga...52/section/151

[Benny1981]

Now I’m confused lol. I really am struggling to understand and am just trying to prepare myself for any outcome. I’m pretty certain my solicitor has said that as they are refusing idemnity it is my job to prove that I needed replacement vehicle and that I couldn’t finance it myself so bank statements submitted. Also my job to prove that I was the registered keeper of the vehicle had comp insurance and it was roadworthy hence why log book mot and insurance cert submitted. Also had to prove injured so signed a medical record disclosure and physio and specialist reports submitted. If tp have all this information and can see that all legit my side, my question is why will they allow it to go to court stage with obvious increased costs to them etc?

[Benny1981]

Surely that means there would be a chance that I could lose for them to let it go to court otherwise why would they bother? And that is what I’m concerned about that’s all.

[Peridot]

Hi 2222
Which is why I was trying to say don't panic the solicitor and insurer will sort it out, Benny needs to find out what they are agreeing. He also has fully comp insurance which is helpful.
Yes it would be for TP insurer to pursue the TP if they have an issue with them, but that isn't Benny's problem.
Hope that clarifies.

[Peridot]

Hi Benny1981,
They have already admitted liability and although possible it is difficult to withdraw an admission even when made before Court proceedings. Their issue is with their insured not you and your daughter, unless there are other problems your lawyer has flagged?
This link to a blog may help clarify what the insurer would have to do to withdraw their admission. The Courts are not easily persuaded!
https://anthonygold.co.uk/latest/blo...n-injury-claim
The TP insurers can go after the TP if needs be to obtain their outlay, but again this is not your problem but theirs.
Your solicitor should keep you informed of what is happening and advise you on what happens next as you go through the process.

[2222]

Benny, they may be admitting liability, but they clearly seem to be quibbling about the amount that you are claiming. I would not worry too much about that. It's standard procedure for them to drag it out a bit, in the hope you will settle for a lower figure.

besides that, you must have seen the news articles about inflated whiplash claims, and they have every right to satisfy themselves that your claim is genuine. I'm not doubting that, by the way, just explaining the procedure.

as peridot says, don't worry, and don't let them wear you down!

[Benny1981]

Thanks both I now understand and appreciate everything that’s been said. First accident I have ever been involved in, if anything else comes to light I shall post back Thankyou x