MIB Rejection!!!

[Ajay30]

Hi!! I’m looking for some advice on my current hit & run claim with MIB. I am absolutely sick to death of how long it’s been going on for.
My accident was January 2020. During my accident the small lorry that hit me drive off. The police couldn’t find them with CCTV (and I don’t think they looked that hard). I’ve been dealing with MIB for the past year, I needed physio for my back injury. In September they offered a value of £3000 comp for my injuries. I accepted. I contacted continuously, still no update on my money. As of today February 2021, I phoned again and was told it had been rejected in January 2021 which I did not receive any notice of. I can appeal and have six weeks from this date. They are claiming they cannot put blame on the other motorist as it seems to be my fault. Eventhough it was a hit and run.

Can they offer me money and then reject it after I have accepted?
Why did it take them a year to reject it?
Any advice on how win my appeal?

I’m only in my 20s, have moderate back issues since, paid a FORTUNE to get my car fixed with the excess being so high, had many issues with the required garage my car was sent too and just an overall awful time dealing with this.

If anyone could help it would be grateful appreciated!!

[des8]

The intentions of contracting parties are construed objectively. This means a party’s ‘real’ intentions or desires do not matter: What matters is whether an objective observer would have construed that party’s words or actions to be the making of a valid offer capable of acceptance.
Smith v Hughes (1871) LR 6 QB 597

So what we need to know is the exact manner and wording of the offer that MIB made, and the exact manner of your acceptance.

[Ajay30]

Hi, thanks for replying!

My letter from MIB in September 2020 states as shown in the picture attached.
It goes onto discuss legal fees if required, nothing else regarding rejection on their end.

My reply:

To Whom it may concern,

Please note this email as my written acceptance of the valuation regarding my claim - REF *********

If more information is required, please do not hesitate to contact me.

I also phoned MIB to make sure it was an acceptable way of contacting them to accept my valuation, to which they said the email was sufficient.
Between then and now when I contacted them about receiving my payment they were only waiting for my insurer to respond with the relevant paperwork before they could send it to me.
I don’t understand how they have rejected it within that time, they have had all the information required for now over a year.

[des8]

So that letter was not an offer of compensation.
It was solely a valuation of your injuries, which would be paid if your claim was accepted.

If you want to dispute their finding you will have to show the lorry driver had at least some responsibility for the incident

[Ajay30]

I understand that without a witness or the actual third party involved it is difficult to place blame, however, does the fact that they fled the scene not play in my favour of showing their responsibility for the accident?
I have decided to appeal, do you have any advice on what grounds to proceed with or are these sufficient areas to investigate and highlight further...

-No proof on part it was completely my fault.
-Fleeing from the accident being an illegal act in itself.

As much as I feel I am not at fault in my accident, not having a witness or the third party makes near impossible to prove.

If you have any more advice it will be greatly appreciated!
Thank you!

[des8]

Sorry, but not being there and not even had the benefit of your description of the incident, makes it impossible to make a meaningful comment.

[Ajay30]

Thank you for your help anyway!