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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31728
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If my car insurance are not fighting Liability for hitting a

Customer Question

If my car insurance are not fighting Liability for hitting a car from the rear when they brake too hard with dashcam footage showing Speed Time What you can work out the distance from. When I was over 2x the braking distance what do i do? They have also closed the claim this is causing stress and has impacted my NCB
JA: Where are you? It matters because laws vary by location.
Customer: Kent
JA: What steps have you taken so far?
Customer: I have handed dashcam footage and gotten bad communication and the insurers close the claim. im sure there is 3 years to resolve a accident
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I do not think so.
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 15 days ago.

I am very sorry to read of the above. May I confirm if you had been hoping to make a claim against the other driver for damage to your car or just to resist the claim for damage to theirs please?

Customer: replied 15 days ago.
I am not sure what my options are my insurers told me to find somewhere else as they will not defend my liability.
Ideally I would like to claim for stress this has caused me and the damages to my car.My car insurance has paid £8572 to the third party for bumper damage. cosmetic. on a £3000 car....
Customer: replied 15 days ago.
File attached (267S63M)
Expert:  Joshua replied 15 days ago.

  1. thank you. Has the insurer admitted liability on your part? or did they settle the claim with no admission as regards liability?
  2. you mention they are refusing to defend your liability. Does that suggest there are further claims being made against you or does that comment relates to the payment that they have already made?

Customer: replied 15 days ago.
They have paid on an non-prejudice basis.They have also refused to fight liability based on they have gone with a non-prejudice basis.
Expert:  Joshua replied 15 days ago.

thank you. Finally, do you have legal cover in relation to your car insurance policy?

Customer: replied 15 days ago.
i believe i do
Expert:  Joshua replied 15 days ago.

thank you. So the insurer has specifically declined to provide you with legal cover under that legal insurance? for the avoidance of doubt, this is usually an optional extra rather than a standard feature of car insurance

Customer: replied 15 days ago.
I have looked through the documents and i can't find what services they are providing. i believe i may have standard legal not the optional one
Expert:  Joshua replied 15 days ago.

thank you. The level of cover will be shown on your policy schedule but as above, unless you have specifically paid an additional sum for legal service, it would be unusual for legal cover to be included in standard though I have no doubt that the odd policy may include this standard.

if you do not have legal, which based on what you say seems more likely than not, the insurer would not have an obligation to defend your liability in a situation such as this. If you are unhappy in respect to the way they have dealt with the claim, then you can make a complaint but one of the most common complaints in this scenario would be where the insurer has admitted liability on your behalf which can restrict your ability to bring a claim as against the other party.

In the circumstances, because the insurer has settled without admitting liability, it is open to you to bring a claim against the other party for loss and damage to your vehicle and if applicable, any personal injury claim.

Accordingly, if you consider that you can demonstrate that the accident was either the other persons fault or at least one of contributory negligence, you could contemplate bringing a claim against them in the County Court in this respect. If the claim excludes any element of personal injury claim, then such a claim to be brought using the courts online issuing service:

https://www.gov.uk/make-court-claim-for-money

Expert:  Joshua replied 14 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 13 days ago.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.