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rich201283
Hi
I was in an accident in october where a car ran into the back of me at about 20mph, My car was written off, There where no witnesses and now he is saying i reversed into him.(There is no way i could accidently reverse into him due to R been on the other side of the gearbox) His insurance have denied liability, My solicitor has sent a part 36 to the 3rd party, Does anyone know what this is??????

What chance do i have in recovering costs, Do insurances deny liabilty to the last minute normally?
slowerdriver
QUOTE (rich201283 @ Thu, 29 Jan 2009 - 16:13) *
Do insurances deny liabilty to the last minute normally?

Yes.
They hope the paperwork will get lost, or you die while waiting, or some procedural slip occurs, or some actus deus intervenes, and/or that they can hold on to the money for longer...

Here are 2 examples, from my own direct personal experience, of the mendacity and unreasonableness of motor insurers.

On a late winter evening, in very light fog, I stopped gradually with appropriate lights showing, on a motorway in an all-lane traffic jam with literally 1000s of cars in front of me (a sea of red lights, some flashing hazard ones too). ~20 seconds after I came to a complete halt, a young lady drove her (fortunately small) car into the rear of mine at least at 60mph, hard enough to propel my very heavy car (insurance write-off) into the one a "safe" distance ahead of me. In court, she pleaded guilty to DWDC (having originally entered an NG plea). There were many witnesses available. Her insurers nonetheless denied liability. 15 months after the incident, they finally settled in full (with my insurer's permission, I represented myself once it became clear they were going to string it out) and this was literally - I mean literally - on the steps of the Court. Got my policy excess, "my" time costs, the whiplash compensation, and some "etc."

An older lady in another minicar clipped the kerb on a public road, knocked down a lamp-post, bashed into my very substantial, old, all-stone front wall (managing to tip her car on the side in the impact, in which her airbag(s) became deployed) which thankfully protected my well set-back house from what may otherwise have happened, veered off and ended upside-down in another property's back garden, having demolished other less-substantial barriers along the way. Ample photographic evidence (showing her car, the kerb-clip point, the skid marks, all the damage) and actual eye-witnesses. Her insurers astoundingly denied liability (in effect, blaming my wall for its location and substantiality) and my buildings insurers didn't know how to handle it. A year later, I took matters into my own hands and commenced action against her, and for not just the cost of repairing the wall. This produced settlement in full (i.e., for my time and distress too), 3 days before the court hearing.

I could quote two more examples, just as outrageous, and with the same eventual outcome, but these will suffice. I have no reason to believe I am particularly unlucky either.

So read nothing into their shilly-shallying. Stay cool, collect as much evidence as you can.

(I think the law is an ass for not penalising these crooks)
Pete D
This is why I and all my family carry a disposable camera ( replaced annually) in the car. In the event then you take lots of photo's. This would have shown the point of impact indicated by debris on the road and where you came to a holt. Having said that, you no not explain the circumstances of the accident or even why you stopped. Was this in a car park or what. I would also point out this section is for speeding and other criminal offences. Pete D
rich201283
Hi sorry, I was stood still at the roundabout, I got pics of the car that crashed into me but not of both cars when they crashed.
Pete D
Was the photo taken at the site of the impact and there is debris on the road. Were you the first in the queue or did you hit the car that was in front of you. Pete D
rich201283
Hi no it wasnt taken on the site of impact and i was the car in front
southpaw82
Part 36 is an offer to the other side to settle at an agreed sum - let's say £1,000. If they accept the offer then the case is settled for £1,000. If they reject the offer then the case goes to trial. If after the trial the other side lose and get nothing, they pay your costs (as well as their own). If they win but get less or equal to than your Part 36 offer (so £1,000 or less) you pay their costs but only up to the point when the offer was made (as they should have taken it). If they get more than your offer (more than £1,000) then you pay all of their costs. It's a way of forcing parties to make and accept realistic offers early.
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