Angry

[mrjsu01]

im involved as a claimant in a personal injury case the defends insurers have withdrawn from case so im now unable to claim against them and defendant is of limited means so has no real assets to claim against so am wondering why insurers should be able to do this as we are at end of case my solicitor has now received an email from defendant admitting liability any help apreciated

[des8]

How and where was the injury sustained?

[mrjsu01]

it was sustaind at the boot camp i was attending throwing tyres backwards over my head

[des8]

So the defendant was the organiser?
He had liability insurance, but the insurers have withdrawn?

Has your solicitor mentioned to you the Third Parties (rights against insurers) Act 1930?

[mrjsu01]

the defendant was a subcontractor taking the class my solicitor hasnt mentioned that act to me have you got any link to it for reference
I have been left hemeplegic cos it caused me to have a stroke so am disabled have been since it happened 5 years ago and will probably never recover

[des8]

Here's your link http://www.legislation.gov.uk/ukpga/2010/10/contents (note I inadvertently mentioned the old 1930 act, not the current 2010 act!)

it might be better if you can post up fuller details about what happened, and the position of the respective parties.
you refer to a boot camp.. this was aimed at fitness/
you mention a subcontractor... was this the organiser of the boot throwing event in which you were injured/
how did the injury occur?
how was that organiser liable?
Did he have his own liability policy, or do you think he was covered under the main event organiser's policy?

It could be that the person you hold liable, and has now admitted liability, might not have had his own policy, and might not be covered by the organiser's policy.
Your solicitor should be able to explain the reason for the insurer's withdrawal of cover, but you might still be able to name them in a claim against the person responsible. By withdrawing it allows the insurers, after paying your claim following a court case against the responsible party, to themselves recover the payout from the responsible party.

[mrjsu01]

It was a fitness boot camp* the subcontractor had his own insurance* he got us to do the tyre throwing exercise which is something we had never done before with no demonstration of best and safest way to do it he has now admitted liability* because of his insurance withdrawing and nothing to pursue of value

[des8]

Do you know why the insurance company withdrew?
If the insured is insolvent and carried valid insurance, once you have established liability you can proceed against the insurers.

If that is a possibility in your case, your solicitor should be able to explain it better

[mrjsu01]

if i persue the claiments insurers i am liable for the extra costs is that correct

[des8]

You are responsible for proving your claim, and pay the costs accordingly although you might recoup them if you win