Motor Insurance Claim Help

[aaronharding]

Hello, Im new this forum.

 

I was recently hit by another car reversing into me whilst i was stationary getting ready to start a 3 point turn and the dispute goes on that the other gentleman said that I was moving as well. Which is un true - I think he can see no other way out but to try and claim it as a 50/50 claim.

 

Now the gentleman has not contacted his insurance's and they had only one response from him saying it was 50/50 - no other contact for about 6 weeks.

 

His insurance has now said they will accept in my favour but without prejudice. But they also said if he does call back in 6 months down the line and dispute then I could still have to pay half of my excess.

 

I wanted to know is there a legal timescale that has to be ad-eared to by him ? or something stopping him after they have filled in my favour?

 

Thank you in advanced for any help.

[havinastella]

Hi and welcome to CAG!

 

I have moved your thread to the Insurance forum.

[unclebulgaria67]

Odd way for the 3rd parties to deal with it. They will settle at 100% not your fault, but reserve the right to come back for half of the excess. I think you should speak to your own Insurers about this, as it does not sound correct.

[aaronharding]

Yes that is what I thought.

 

When a decision is accepted I didn't think they could go back on it - even my insurance said that they could do this.

 

Surly if I accept a without prejudice offer then they can't chase me 6 months down the line for half of my excess and claim it was 50/50?

[Ganymede]

Have the TPI said they will accept liability on a WOP basis or pay out for your vehicle damage on a WOP basis?

 

Either way really there is no official acceptance of liability as offer made WOP so in theory the TPI are correct.

[aaronharding]

The TPI said that they will pay out on my car. But the if the gentleman who hit me gets it touch to dispute then it could go 50/50 even after I accept the offer.

 

Surly even with a WOP offer they can't go back on it after its been accepted? I thought WOP only existed up until an offer was accepted?

[unclebulgaria67]

The TPI said that they will pay out on my car. But the if the gentleman who hit me gets it touch to dispute then it could go 50/50 even after I accept the offer.

 

Surly even with a WOP offer they can't go back on it after its been accepted? I thought WOP only existed up until an offer was accepted?

 

Sounds like both your Insurers and the 3rd parties Insurers have accepted that the 3rd parties Insurers will accept 100% of the claim, but on WOP basis only. This means that if the 3rd party makes a good case that they were not 100% at fault, that your Insurers would contribute a relevant amount to the claim and you would have to pay some of the excess back. So if 50/50, you would have half of the excess to pay back.

 

If that is the basis both Insurers are happy to proceed on, then you don't have much choice.

[Ganymede]

Sounds like a case of attempting to mitigate. Are you in a hire vehicle by any chance?

 

The TPI doesn't have instructions and so in an attempt to keep costs to a minimum they have agreed to pay for your repairs etc on a WOP to get the claim sorted.

 

But obviously a WOP offer is not binding and liability could still be decided either way.

[aaronharding]

No I still have my own car.

 

It seems a little u fair that if I agree to the WOP offer and don't have to pay anything that later on even after the car is fixed that they could decide to go back on something that's been accepted?

 

I thought they could only retract up to the point I accept.

 

It's a bit like buying something a shop and them saying that they might charge me extra for it in a few weeks.

[Ganymede]

That's the nature of WOP interim payments.

 

Its not really comparable to buying something in a shop.