Litigation Question
Discussion
Whereas your solicitor has kept you informed ever step of the w.......... Oh hang on.
If they don't want to make an offer then an insurer doesn't have to. You are not their customer. You are a claimant, a person taking legal action against them.
Why do you think they should act in the way you want?
If they don't want to make an offer then an insurer doesn't have to. You are not their customer. You are a claimant, a person taking legal action against them.
Why do you think they should act in the way you want?
Its nothing to do with acting in any specific way. What I want is some action, any action.
The insurance company have done their damndest to ignore me and my solicitors for ages now. Questions don't get answered they just get swerved or answered with another question. They accepted liability a long time ago as far as I know and have just sat on the fence since.
They stated only last week it was being passed for offers and since then the usual zero response. They don't even acknowledge my solicitor.
They need to state their position and should have done yonks ago. It's just false promises every time. Either say no to me and we go to court or make an offer but don't do neither.
The insurance company have done their damndest to ignore me and my solicitors for ages now. Questions don't get answered they just get swerved or answered with another question. They accepted liability a long time ago as far as I know and have just sat on the fence since.
They stated only last week it was being passed for offers and since then the usual zero response. They don't even acknowledge my solicitor.
They need to state their position and should have done yonks ago. It's just false promises every time. Either say no to me and we go to court or make an offer but don't do neither.
Have they admitted liability? I presume so given that you received an interim payment.
Hopefully, once the file gets litigated, it will be sent to the third party panel solicitor who will get an offer out to get rid of the file.
It's difficult, but don't take the delays personally. I know it's no excuse but most insurer case handlers have hundreds of files to deal with which of course will cause a delay.
Hopefully, once the file gets litigated, it will be sent to the third party panel solicitor who will get an offer out to get rid of the file.
It's difficult, but don't take the delays personally. I know it's no excuse but most insurer case handlers have hundreds of files to deal with which of course will cause a delay.
LoonR1 said:
That's the point, that may be their game plan. They have no legal responsibility to you, they do have one to themselves and their policyholder. It may not work out well for them in the long run, but they have the right to do this.
That may be the case, and I understand that they are not obliged to "serve me" or bow to my demands, however, I think I also have the right to be given a clear and concise position in regards to how they view me and my claim. I have never had any single piece of communication from them about anything, never had liability confirmed or denied, nothing. It's all just guesswork.KungFuPanda said:
Have they admitted liability? I presume so given that you received an interim payment.
Hopefully, once the file gets litigated, it will be sent to the third party panel solicitor who will get an offer out to get rid of the file.
It's difficult, but don't take the delays personally. I know it's no excuse but most insurer case handlers have hundreds of files to deal with which of course will cause a delay.
I guessed this and it all sounds reasonable and plausible. However, it will be yet another occasion when I am told "That's it now, you should definately get an offer at this stage". I keep getting told that and it never happens! I will update in a few weeks as I suspect nothing will happen now for a while.Hopefully, once the file gets litigated, it will be sent to the third party panel solicitor who will get an offer out to get rid of the file.
It's difficult, but don't take the delays personally. I know it's no excuse but most insurer case handlers have hundreds of files to deal with which of course will cause a delay.
Greenish said:
That may be the case, and I understand that they are not obliged to "serve me" or bow to my demands, however, I think I also have the right to be given a clear and concise position in regards to how they view me and my claim. I have never had any single piece of communication from them about anything, never had liability confirmed or denied, nothing. It's all just guesswork.
It doesn't work like that. Few people will give away their defence out of courtesy. Greenish said:
I guessed this and it all sounds reasonable and plausible. However, it will be yet another occasion when I am told "That's it now, you should definately get an offer at this stage". I keep getting told that and it never happens! I will update in a few weeks as I suspect nothing will happen now for a while.
speak to your solicitor.firstly as you are unsure, has liability been admitted?
then (either way) do we have all the evidence we need?
have we made a part 36 offer?
can we issue court proceedings now? if not, why not?
Liability is unknown, they won't disclose anything to my solicitor.
A part 36 offer is I think what my insurers went to them with, that was the sum they suggested? If thats not what Part 36 is then no, as nothing has been offered or agreed at all.
All evidence my side has been gathered and done ages ago.
As far as I have been told court proceedings can be issued now and I think that's what we are now doing.
A part 36 offer is I think what my insurers went to them with, that was the sum they suggested? If thats not what Part 36 is then no, as nothing has been offered or agreed at all.
All evidence my side has been gathered and done ages ago.
As far as I have been told court proceedings can be issued now and I think that's what we are now doing.
As a cyclist and one who has had some nasty bike accidents, how do you write off 3.5 k worth of bike when the only thing that happened to you was you scuffed yr knee ? What happened after you came off ? Did a steamroller trundle down the road and flatten it ?
Fair enough you might need a new wheel, some new chrome gear bits, but really ???!!!!
Joking aside I hope you get the money to fix yr bike though but I wouldn't milk the situation: my best friend and cycling partner neatly lost his foot when an lorry took him out. He had proper cyclists ins too. That took best part of four years for a settlement.
He did recover and a few years later he cycled from Yorkshire to the Himalayas.
Fair enough you might need a new wheel, some new chrome gear bits, but really ???!!!!
Joking aside I hope you get the money to fix yr bike though but I wouldn't milk the situation: my best friend and cycling partner neatly lost his foot when an lorry took him out. He had proper cyclists ins too. That took best part of four years for a settlement.
He did recover and a few years later he cycled from Yorkshire to the Himalayas.
Greenish said:
Liability is unknown, they won't disclose anything to my solicitor.
A part 36 offer is I think what my insurers went to them with, that was the sum they suggested? If thats not what Part 36 is then no, as nothing has been offered or agreed at all.
All evidence my side has been gathered and done ages ago.
As far as I have been told court proceedings can be issued now and I think that's what we are now doing.
then what's the problem really?A part 36 offer is I think what my insurers went to them with, that was the sum they suggested? If thats not what Part 36 is then no, as nothing has been offered or agreed at all.
All evidence my side has been gathered and done ages ago.
As far as I have been told court proceedings can be issued now and I think that's what we are now doing.
you want settlement now, insurers are dragging their feet, i got the impression from your earlier posts that you felt issuing might drag it on further but what else can be done - 'give us a shout when you are ready to make an offer?' frustrating as it is, as i said earlier there are 3 levels of service, and even then the insurers don't work for you. speak to your solicitors, ask what they are doing and relax a bit
Quick update, of which there is no update, again.
The third party insurers have ignored my solicitor, again, the promise of my case being passed to the relevant team for offers has fallen on it's face, again, and nothing has happened. I am told the third party have not even acknowledged or responded to my solicitor.
As a result I could not help but call the third party insurer's solicitor / minion / whatever he is on the direct line provided on the email I was copied into. He seemed very surprised to hear from me, however I couldn't help myself, and am going to start hounding the pair of them now until I get a result. If I am frustrated with it, so can they be.
Interestingly he told me he had corresponded back on the 24th, although if that is true I am yet to hear what that is/was. Yes I have phoned back my solicitor and left the usual voice mail message that never normally get's replied to. Maybe after a few days if I am lucky.
Anger has taken over now, I find it unacceptable that nobody will really talk to me, so I am going to start becoming more and more annoying to give them just another reason to conclude this. I am not demanding money, I am demanding some answers and an end to this.
The third party insurers have ignored my solicitor, again, the promise of my case being passed to the relevant team for offers has fallen on it's face, again, and nothing has happened. I am told the third party have not even acknowledged or responded to my solicitor.
As a result I could not help but call the third party insurer's solicitor / minion / whatever he is on the direct line provided on the email I was copied into. He seemed very surprised to hear from me, however I couldn't help myself, and am going to start hounding the pair of them now until I get a result. If I am frustrated with it, so can they be.
Interestingly he told me he had corresponded back on the 24th, although if that is true I am yet to hear what that is/was. Yes I have phoned back my solicitor and left the usual voice mail message that never normally get's replied to. Maybe after a few days if I am lucky.
Anger has taken over now, I find it unacceptable that nobody will really talk to me, so I am going to start becoming more and more annoying to give them just another reason to conclude this. I am not demanding money, I am demanding some answers and an end to this.
Greenish said:
I am not demanding money...
You should be.Watch this, and practice coaching your solicitor on how to speak to them effectively:
https://www.youtube.com/watch?v=OaiSHcHM0PA
Well it turns out there is an update which I obtained by speaking to one of my solicitors admin assistant's. I have tried getting through to her all morning, left a message all to no avail, so when I spoke to someone else they informed me last Tuesday they had received a part 36 offer in the region of £1000, non prejudice, from the third party insurer. I am surprised that as this is over a week ago I have not heard anything about this, and am finding it increasingly frustrating that I either cannot get hold of my solicitor directly (if she even is one as I am led to believe by a friend she is probably just a litigation executive who works on behalf of one) or when I do I am promised an update which never comes.
Greenish said:
last Tuesday they had received a part 36 offer in the region of £1000, non prejudice, from the third party insurer.
You've got a couple of options. The first is just to allow this to drag on on the hope that you will get £6,000 of whatever was quoted to you at the start. There's no guarantee though.
If you really just want a quick settlement, then now is the time to indicate that you want to settle for a lower amount, if that's possible.
Part 36 offers are strategically important as in means that if the settlement amount is lower than the Part 36 on the table, then your solicitor picks up both sets of legal costs. If it's higher, then their solicitor will pick them up.
If your solicitor has it in their mind that they ask for £10k, as they expect to be knocked down to £6k to £8k, their solicitor is starting at £1k with the knowledge that they expect to be bumped up.
That's the 'game' here. The next step is your solicitor thinking 'Do we really want to litigate on this, and start spending real money?'.
The game the other solicitor plays is to put forward an offer just high enough to make the answer to the above, "No.".
So, it's up to you. If your solicitor put forward a Part 36 offer for say £2,500 where the odds were that the settlement would be £3k to £4k then that offer would probably be accepted.
It's down to you whether you want to play the game to get the most money, or you want out.
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