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Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you.
Hello, how can I help?
Ok thanks, ***** ***** a moment to read this please.
Thank you. I just have a few questions.
Can you just confirm who were your actual insurers at the time of the accident? Not the brokers - the insurance company?
Can you confirm if liability is still outstanding or if it has been established?
If liability is outstanding, on what basis? What happened in the accident?
When the lady called you to advise of payment, what was this money for, did she tell you?
Is there any injury involved in this at all?
What ideally would you like to happen, for the claim to finish?
Ok thanks for explaining.
The first thing you will need to do is get a liability decision established. It seems, because this hasn't happened, it has caused a bit of confusion and you do not know where you stand. Once liability has been established, you should not have any issues with regards ***** ***** excess.
When I say established, I don't mean an opinion from your insurers, I mean a decision needs to be obtained from the third party that they accept full fault. If you have another company dealing with your injury, they can also help in establishing liability on your behalf. It is all binding if they were to do this.
They cannot close your claim as a fault claim, if liability is still up in the air, so I would recommend you contact them to find out what is happening with regards ***** ***** and then moving forward things should be a lot easier.
Does this help?
I thought as much, because the way things have happened so far, does not sound like a decision on liability has been made.
Yes, liability can take a while to establish in some cases, it depends on a few factors, such as complexity of the accident, what each party is saying, what evidence is available, how quickly you can get that evidence etc. For example, the third party may be hard to get hold of which delays their insurance company admitting fault. Even then, it can still be delayed if the third party does not accept fault as a lot of investigations need to happen first. So liability is important to establish as soon as possible, no matter how clear cut it may seem, a legally binding decision needs to be made. It will make things easier for you.
What I would suggest you do, is just be as cooperative as possible with your insurers/representatives. Give a full statement if you can, provide pictures, diagrams etc of what's happened. Chase them at least once a month for an update just to make sure they are proactively working on the case.
Does that help?
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Thank you, ***** *****