Coop--Third party - no response & other

[Endymion]

If they have admitted liability then yes, you will not win. You would have to seek to resile from their admission of liability. You may have a chance as you have independent witness evidence and if the TP and your insurers have not seen this before making the admission of liability then you can argue that the new evidence clearly shows some, if not all, of the blame lies with the TP and you should be given your chance to defend/claim. Still, the chances are still quite slim and such an argument might allow the TP to get it into the Fast Track due to the complexity of the issue and then if you lost, which would be a real chance, then you would have to pay the TP's solicitors costs which could be £0000's and possibly five figures ...

 

If they have seen the witness evidence then you cannot do anything that would let you resile, I would think.

[misterbe]

Phoned DL and in a nice explained it to them and they would have nothing of it. Says she is 100% liable and the highway code is just a guide line.

 

So is it worth it to go to the small claims court on that basis?

[Endymion]

Well she is sort of correct, hence why you need independent witness evidence to sort these things out.

 

Personally I think you will struggle as the TP will just show the Court that your insurers have accepted you were 100% at fault that will be that. You will then have to prove the TP and your own insurers are wrong which will be very difficult and possibly very expensive.

[misterbe]

Ok, I suppose that's that then.

 

Interesting when I objected to DL that their decision will compromise my case they said their decision is irrelevant. Thought that was a bit odd.

 

I now better appreciate what a friend that has lived in the UK for many years said, "The thing about this country is that their are no rules, only guidelines"

 

Again, thanks for the all the input!!

[unclebulgaria67]

Without seeing the actual road layout and what the environment was like at the time, I guess it is difficult to offer an opinion. I have a school locally where it appears that many parents drop off/pick up at the relevant time. During these times it can be chaotic with cars stopping on either side of the road and with cars trying to get past any cars that have pulled over. So from the point of view of the 3rd party driver, if your wife was not indicating, he might have presumed she had pulled over. BUT if he was a local working in the area, then he must have been totally aware of the road conditions at the time of the day and have driven in a way to reflect the conditions. I know if I drive anywhere near a school during these times, that I have to be far more cautious checking either side of the road for cars/pedestrians and therefore slow down to 20mph or less, ready to stop if necessary. It sounds like the 3rd party driver was not driving in a way that was taking into account the road conditions at the time.

 

Therefore depending on how helpful the witness statements are to your case, you might want to try the small claims route, as you might atleast get a decision that shares the responsibility and therefore you will get some payment from the Coop.

[misterbe]

You summed it up very accurately. We can count on the witness and the TP is a contractor that is working on a house one street up from the school and this street also provides access to the school, so it is one of those that gets all parked up. So he would have known.

[misterbe]

Ok we decided to pursue the matter through the small claims court.

Do I proceed with posting here or is there another forum that I need to move this thread to.

Also, I will next send out a letter before action and copy to the TP's insurance company.

Anything else I should know at this stage?

[Endymion]

Continue to post on here, however, has your insurance company admitted liability? If they have then the TP will simply show the Court their (on your behalf) admission and your claim will be struck out...

[misterbe]

They were not clear on that.

On the one hand DL said they agree, with the Coop's assessment that my wife was 100% liable, but that the Coop/TP has now dropped any claims against DL. That would indicate DL admitted liability.

On the other hand when I told them that we disagree with their assessment and that they are compromising our ability to pursue damages against the third party, DL said that the fact that they agree with the Coop does not impede my ability to pursue matters against the TP in any way. I demanded that DL at least speak to the witness before coming to a final decision. I specially mentioned to them that all the TP is going to do is get up in court and say that the Coop and my own insurance company DL both agree that my wife is 100% liable and that will be the end of it. DL responded by saying its not relevant. I also sent them an email immediately after to formally object to their assessment.

Not sure where it leaves me.

Should I check with DL, whether they "admitted liability"?

[unclebulgaria67]

Surely you can still take this to court for the damage to your car. DL should not be able to prejudice your position in regard to their opinion and any agreement that they may have struck with Coop.

 

The court should be able to decide based on the evidence supplied who to apportion liability for the accident. If DL have accepted liability, then you would need a statement from them as to whether and why they have done this, so you can make counter arguments if required.

[misterbe]

...reposted old post..

[Endymion]

If they have made a without prejudice payment to the TP then you can still go to Court and win, however, if they have admitted liability then you are screwed basically. Once you sign your insurance policy you allow the insurers to act on your behalf as they see fit as it is their money that will be paying out. As such, if they have admitted liability either in writing or over the phone then this is in respect of your accident. As such, if you try and litigate for the same accident, the Court will see that there is an admission and rely on that to decide the issues as for the purpose of the litigation your insurers are you (or your wife). You will have to seek to resile from the admission on the basis it was wrong based on the witness evidence but will be very difficult as the witness evidence will also lead the Court to find against your wife in any event, in some part I think.

[unclebulgaria67]

I can understand totally what you are saying. But being that the OP only had third party cover with DL, I would argue that the contract with DL and any acceptance of liability on their part, should not predjuduce the OP in using the courts to claim for their car. Yes the 3rd party as defendent will use any admission by DL, hence this is why I would suggest that the OP obtains a statement from DL offering an explanation, which may or may not be helpful. Such a statement may allow the OP to make arguments that any admission by DL should be ignored and to allow the OP to make their case.

[misterbe]

Why would the COOP/TP drop all claims against DL if both the COOP/TP and DL agree that my wife was 100% liable?

[misterbe]

Also sent the letter before action today and emailed DL the following request,

 

herefor, firstly can you please state exactly what communication transpired between yourself and the TP/COOP specifically regarding any admission of liability on our behalf, either verbally, via email, in writing or any other form of communication.

Secondly, please provide us with the details on which you based such a decision, and

Thirdly, please provide us with the details on which you had the COOP agree to drop their claims for damages?

[misterbe]

Ok, this is a bit weird. When I spoke to DL recently they said that at no point did they accept liability and simply decided to close the file since the TP is not submitting a claim. They said at no point was there a discussion of liability. I just received a confirmation letter to that effect. "our records indicate that as no time have we accepted liability to the Third Party Insurers upon your behalf"

 

Also, two weeks have no passed since sending the letter before action. I received a call about a week after from the TP and they said they thought their insurance company is dealing with it. I suggested they pass on the letter before action to their insurance company.

 

So what is the next step, please?

[unclebulgaria67]

Ok, this is a bit weird. When I spoke to DL recently they said that at no point did they accept liability and simply decided to close the file since the TP is not submitting a claim. They said at no point was there a discussion of liability. I just received a confirmation letter to that effect. "our records indicate that as no time have we accepted liability to the Third Party Insurers upon your behalf"

 

Also, two weeks have no passed since sending the letter before action. I received a call about a week after from the TP and they said they thought their insurance company is dealing with it. I suggested they pass on the letter before action to their insurance company.

 

So what is the next step, please?

 

Well, I think I would leave it for another week to see if Coop respond and then consider whether to issue the court claim against the third party driver. If you think that the witness statements and other information you have are strong enough, then it should be worth it. Atleast it would bring matters to a head.

 

The chances are that Coop will throw in the towell and pay your claim, if they think that you will win. If they think they have a chance of getting atleast a 50/50 decision, they will contest.

 

If you are to take this to court, suggest that you speak to DL to advise them before you issue the court claim.

[Endymion]

The good news is that you can litigate away to your hearts content now that no admission of liability has been made.

 

Unclebulgaria is right about contacting your insurance company as they might not indemnify you if the TP counter claims against you and he succeeds, especially if he counterclaims with a PI claim which will send it into the fast track and costs being awarded to the winning party. Before you issue you need to make sure that your insurers will cover your opponents outlay if he counters and if you lose.

 

You will also have to give the TP a bit more time before you litigate as the Court will see that you have acted too hastily in bringing proceedings. Wait another 21 days, gve them a 7 day ultimatum and then issue. Remember that you have to give notice as per section 151 and 152 of the Road Trafic Act 1988 of your intention to issue proceedings before you do...

[misterbe]

Ok thanks, that is all very useful. I have a bit of a travel schedule coming up which will keep me busy for the next few weeks, so I will leave it till then.

However, I will verify DL's position in the meantime.

 

Thanks again and Happy New Year!

[misterbe]

I'm back now and will be looking to move ahead. However, I have not heard from DL yet regarding my question whether we are covered for the costs of a counter claim.

Sent them a follow up email again, today.

[misterbe]

I will now give them the 7 day ultimatum. Is there a step by step guide available to walk one through the process? Should I search this website. Any suggestions re resources will be great thanks.