Insurers only willing to pay 50%

[Top timber]

Hi there . I’ve just come across this forum and it couldn’t come at a better time .
2 years ago I had an accident at work , I got shot in the eye with a nail gun and lost my right eye .
I have an ongoing legal case and have just been made aware that the insurers are only willing to pay 50% ( they submitted a pre medical evidence offer ).
they are saying that there was too many people on site for the policy that was in place by my employer .
after meetings with my solicitor and barrister I have been advised not to push too hard as they could withdraw the whole claim ,
We have asked them to disclose how they came to that percentage but are u willing to do so ( I was advised that this is completely above board and they are entitled to do so )

so here is my predicament. Do I push to find another angle or accept that this is the best I will get ?
it’s just not sitting well with me atall, I Definatly do not feel justice will have been served .
has anyone had any similar experiences with the slippery
dealings of insurers ?
I appreciate any advice you could offer
many thanks

[echat11]

Hi Top Timber

Welcome to LB

Sorry this has happened, hopefully you're adjusting and making progress.

Regardless of the claim, I've never known insurers to 'play fair'. They obviously want people to settle for the least amount possible.

What I would do is phone a few solicitors who offer 1/2 hour pro bono advice, get there take on it. You'll have more knowledge at the end of each call.

They are saying the following 'they are saying that there was too many people on site for the policy that was in place by my employer' have you seen the policy they refer to?

Would they be offering 50% if that was the case?

Posted for information only - https://www.jmw.co.uk/services-for-y...ility-accepted

[atticus]

Sorry, but it is professionally improper for a solicitor to give any advice when the client has engaged another solicitor. That even applies to me commenting here.

[des8]

Is your employer at the time still in business or has he become insolvent?

Presumably you sued your employer, who made a claim against his employers liability insurers.
If the terms & conditions of that policy were breached the insurers could void the policy.
If that has happened you could then take action directly against the insurers under Third Parties (Rights Against Insurers) Acts.
However there are circumstances under which the Third Parties Act is of no use to the claimant e.g. when the insured employer has become insolvent and the insurers can void the policy, and you could get no compensation at all!
It may be some such circumstance is in play here and the insurers have taken a commercial decision to pay 50% of your claim as it is cheaper for them than having to fight in court.

Question your solicitors to find out why they are recommending acceptance of the offer

[PallasAthena]

I am unclear what is happening here.

If you were an employee and you were injured at work your claim is against your employer. What their Employers Liability insurance policy says is irrelevant. If for some reason the insurer is only willing to indemnify your employer for 50% of your claim then your employer will have to pay the other 50% out of their own pocket.

Is there more to this story than you have told us?

[echat11]

Sorry, but it is professionally improper for a solicitor to give any advice when the client has engaged another solicitor. That even applies to me commenting here.

I chose my words carefully.

Solicitors wouldn't do Pro Bono 30 minutes free, just to sit there and listen, it makes it a totally meaningless exercise.