Accident dispute - right to view third party statement

[JJ2001]

Hi

New to the forum and wonder if anyone can advise. I'm currently in dispute with my own and the third party insurer about the fault / liability of a recent accident.

Do I have a legal right to view the statement given by the third aprty to their insurer.

Many thanks.

[Ganymede]

Hi,

 

What stage are you at I assume Court proceedings haven't been issued yet?

 

What are the accident circumstances?

 

Thanks.

[JJ2001]

Hi,

Details as follows. Travelling at approx 10 mph into a 90 degree right angled bend, Road condiditions were Icy hence the speed. Just prior to the apex of the bend a vehicle travelling in the opposite direction entered the bend and crossed onto my side off the road. I took avasive action which resulted in mounting the verge. Third party collided with my vehicle centre offside . Vehicle was immediately stopped . Third party bounced away from my vehicle and moved down the road approx 10 yds. Photos were taken of my vehicle in situ and theirs parked further down the road. Photos were also taken of the layout of the road and the road condition. As the third party admitted responsibilty and there were no injuries to either myself or the third party the police were not called. Subsquently the third party insurance are claiming 50/50 due the possibility I was on their clients side of the road. My insurance company are pushing to accept this situation which is and was clearly not the case. Unfortunately my vehicle has already been to a repairer via my insurer. My insurance company have received and viewed the photo's.

 

This brings me full circle to the initial request for advice to the right to view the third party's statement.

 

Many thanks for any advice.

[dw190]

Insurers love 50/50 incidents as both parties lose some NCD.

[T.C.]

Once proceedings have been issued, then both parties have a right to see the statements made by all parties under the rules of disclosure.

 

Until then, neither party is obliged to disclose witness statements.