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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Accident minor almost a year ago and not settled due to 3rd

Customer Question

Accident minor
almost a year ago and not settled due to 3rd party failing to admit liability.
I was parked within the parking bay of a supermarket, car was stationary and in neutral. 3rd party came in too close and scratched bumper and boot ( no bump or dents to either cars) made a brushing sound as happened. 3rd party continued some way up the car park before stopping.
3rd party has persued line of my liability saying i reversed out and moved car back into bay ( I have produced evidence of car within bay taken at the time) Insurers now wanting me to settle 50/50 liability rather than go to court.
What are the chances of me winning the case if it goes to court? and how would it affect my premiums which are protected, and can my insurers make the decision to settle 50/50 without my consent?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : How much was the damage please?
JACUSTOMER-gf1tv1xa- :

Repair to my car was in the region of £500.

JACUSTOMER-gf1tv1xa- :

Hi Alex

Alex Watts :

Hello

Alex Watts :

It looks at if the Insurers have made a commercial decision. If it went to Court then the cost of legal etc would outweigh the cost of settlement.

Alex Watts :

Unless you have any witnesses that are independent it would be very hard to prove it in Court one way or another. A Judge has to assess the written witness statements and has to find on balance.

Alex Watts :

Where you just have one persons word against another it can be very difficult indeed to prove.

Alex Watts :

But it is a matter for you - you have the final say whether or not they settle. If it goes to Court you have to remember that you will be cross examined by a Barrister and a Judge will also ask questions.

Alex Watts :

It is always tough if no-one else sees it because you could end up losing all together.

Alex Watts :

But the final decision is with you.

Alex Watts :

Can I clarify anything for you about this today please? Alex

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