QuestionHi.
I was recently in a collision with an oil tanker. My mum phoned the insurance company up to report the accident as I was injured, she could not give them much detail about the incident as she didn't know, so she just told them that it had been between me and a tanker. Less than a week later I received a phone call from my insurance company saying that they were deeming me liable for the accident without prejudice. However, they had only spoken personally to the tanker driver not his insurance company. Nor had they received my statement or spoken to me. How can it be an unprejudiced decision if they have only spoken to the other person involved?
I was told by a solicitor not to accept the liability and so sent a letter to say this to them. However, an email was sent to us later on saying that they were still holding me liable. When we asked for the insurance details of the other driver, we were told that they did not have his details as they were paying his company directly. Could you please explain to me how they can pay someone personally without going through his insurance? If the tanker driver has not made a claim through his insurance company, how can mine make a claim on their own insurer?
AnswerDear Debbie,
Thank you for your inquiry here, but we are not familiar with Proceedings for claims outside of the good ole USA. It sounds like this is a claim from the UK, and of course I have no idea how things work over there.
But why don't I just answer as if this were a question from this country, and then you can see if my answer makes any sense to you.
First, no insurance company can be judge and jury, especially without having all of the facts. You are right to challenge this decision. Ignore the fact that they have not heretofore seen things your way and start anew in WRITING ONLY.
Thus, in this case, I would respond ONLY IN WRITING and let them know that they made a mistake and give your version of the incident. This is in DIRECT REBUTTAL TO THE E-MAIL that they sent to you, so if they raised any factual arguments in that e-mail, be sure to rebut their conclusions.
Send your letter via certified mail.
If you have any kind of a regional insurance commissioner, of the kind we have in the states (i.e. http://www.settlementcentral.com/links.php), then I would call that office ASAP. Also, that is where I would direct a copy of your letter, with proof that you sent one copy to your own insurer.
Moreover, none of this early payment processing can bind you into accepting liability. As the solicitor told you, you do have the right to proceed via legal channels. The issue for the solicitor will be whether or not your injuries are substantial so as to merit his taking on the case. Minor injuries are not worth a big fight on the issue of liability.
Finally, your own insurance payments to the tanker driver ALSO COULD RAISE YOUR RATES. Thus, even aside from any loss of a settlement award for your own injuries, if you get tagged with an "at-fault" accident, your own rates could be influenced. Thus, this is worth fighting for--just be sure to do so ONLY IN WRITING.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
