Help - really worried about RTA Claim

[mexy71]

thanks again for all you good advice.... my claim handler has rejected the offer of 50/50, would you know what will the other solicitor plan plan of action be? thanks

[Mossycat]

thanks again for all you good advice.... my claim handler has rejected the offer of 50/50, would you know what will the other solicitor plan plan of action be? thanks

 

In cases of uninsured loss recovery what usually happens is that the third party (or person acting on behalf of) writes in detailing what the uninsured losses are and stating why they think the other person is responsible. The claims handler will look at your version of the events and also the damage sustained to both vehicles and form an impression as to who was responsible.

 

If your claims handler has refuted the offer of 50/50 as put forward by the other party then it is now up to them to provide more evidence to substantiate their claim. Ultimately they could issue proceedings and let the Court decide on liability.

 

If you haven't told your own insurers about the witness you NEED TO DO THIS NOW, because that witness statement will augment their denial of liability.

 

Mossy

[mexy71]

In cases of uninsured loss recovery what usually happens is that the third party (or person acting on behalf of) writes in detailing what the uninsured losses are and stating why they think the other person is responsible. The claims handler will look at your version of the events and also the damage sustained to both vehicles and form an impression as to who was responsible.

 

If your claims handler has refuted the offer of 50/50 as put forward by the other party then it is now up to them to provide more evidence to substantiate their claim. Ultimately they could issue proceedings and let the Court decide on liability.

 

If you haven't told your own insurers about the witness you NEED TO DO THIS NOW, because that witness statement will augment their denial of liability.

 

Mossy

 

I telephoned my solicitor and advised them about the witness. They said they will do everything from here. I know they have wrote to the witness. They never advised me to contact my insurers.... is there a reason for this....? or should i still advise my claim handler about the witness or will my solictior do that for me?

I feel that have to project manage the whole situation for my own best interest, as i will be gutted if this goes 50/50 as i know she is 100% to blame. Again thanks for advice :O)

[Mossycat]

When you filled in the accident claim form there will have been a question asking if there were any witnesses to this accident, if that wasn't filled in then YOU need to inform your insurers about the witness.

 

Your solicitors need these details because they are claiming your uninsured losses.

 

Your insurers need these details because they will be defending a claim against you.

 

Your solicitor would not normally inform your insurers about a possible/potential witness.

 

Mossy

[mexy71]

i have photos of the layoutof the junction and the road after the accident, does anyone think it is worth sending to my insurance co., just so they get a'picture' of the accident (where i was going and where she was trying to get toand the witness spot), As the 3rd party has photos of the accident scene at the time. thanks agin!

Edited October 3, 2008 by mexy71

[Mossycat]

By all means send them to your insurers and also a short descriptive note stating what they show.

 

They will help your insurers to defend the claim against you. Also copy them to your soilictors to help them in your claim for uninsured losses.

 

Mossy