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accepting a without prejudice payout


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i have had a RTA insurance claim open for almost two years now.

 

within the last week the other side have come back twice firstly with a offer on a 25/75 split and now with a 100% liability on their side but this i have been told is "without prejudice"

 

so down the line if the other side decides that they want to we can still go to court then. there is no doubt who was to blame for the accident as i have photographs showing both my car and the other on my side of the road after impact. if taken to court if dont think there will eb any doubt on the judges decision

 

my question is should i accept the compensation payout without prejudice and will this mean that they are accepting responsibility and i get my no claims discount back too?

 

i am thinking that because they are paying out "without prejudice" that my insurers will basically say that liability has not been established completely.

 

please let me know what is the best option going forward. should i ignore this and continue to court and get the judges 100% decision in my favour and go from there.

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Without prejudice basically means that the offer cannot be used to show they have accepted liability and cannot be shown in a court of law as them having accepted responsibility.

 

If they are offering you the full amount of compensation that you wanted, why are you thinking about proceeding with a court claim?

 

Not being funny at all, just unsure about this so partially answering and partially "bumping" for you.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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well i lost 7 years no claims bonus when he ran head on into me.

 

now i have them giving a payout for my compensation claim on a non prejudice basis

 

so do i get back my no claims or not? if not then we going to court buddy.

 

i dont even expect them to turn up to be honest as it would be pretty pointless from their side to even argue the case.

 

and to be perfectly honest i dont want this hanging over me forever as if this [EDIT] gets a bit ancy down the line and decides to make my life any more of a misery then he could decide to go to court anyway and i would have to over all of this again

 

i want advicwe on how to put this whole ordeal to bed for good. not just for now which seems to be the way the court system works in the uk

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Well hopefully someone with a bit more knowledge about this will pop along soon and help you.

 

Good luck!

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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If the WOP payment to your insurer is for the full amount of their outlay, they should reinstate your bonus and close the file. How on earth have you lost 7 yrs no claims? Who's the insurer acting for you?

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If the WOP payment to your insurer is for the full amount of their outlay, they should reinstate your bonus and close the file. How on earth have you lost 7 yrs no claims? Who's the insurer acting for you?

 

Unless the third party admit full responsibility the OP will be classed as some part in this which will then lose his no claims as i assume a claim would be made or some pay out even if for partial repair costs.I thought you worked for an insurer?

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