ChatterBank4 mins ago
Road Accident - time allowed to agree who is liable?
My partner has recently been involved in an RTA, suffering substantial injuries. So far there has been no agreement between the two insurance companies about liability.
My question is,
How long do the insurers have to wrangle over this ?
Is there a time limit in British law within which liability, or partial liability must be agreed?
Until liability is agreed, apparently no insurance claims can be progressed , and we need to know how long this may go on. thanks
My question is,
How long do the insurers have to wrangle over this ?
Is there a time limit in British law within which liability, or partial liability must be agreed?
Until liability is agreed, apparently no insurance claims can be progressed , and we need to know how long this may go on. thanks
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.If the insurance companies cannot decide on liability, then Court proceedings must be issued by one or other party in order that a Court can determine liability (and, consequenly, award damages (or not, as the case may be)). Under UK law, negligence claims are statute barred three years from the date the injury was sustained (or the date the loss/injury was discovered, if later, but that isn't relevant here). In other words, if liability cannot be agreed, your husband's insurers must issue proceedings against the other party within three years of the date of the accident. Usually though, insurers do not let liability disputes drag on and will issue proceedings within six months of an accident if liabiity cannot be agreed.
Over a year? How lucky is that! I was hit by another driver & it took 3 years & 3 months to settle! Don't hold your breath or plan how you're gonna spend the compo! (Unless it's on your pension!) Sorry to sound negative, but it's the usual legal 'practice' (ahem!) - take ages to resolve & argue, earning the solicitors etc more pennies.
It can take ages.... I was involved in a colllison in Dec the offending party's Insurers refused to do anything for 90 days had passed because their client had failed to fill in a form they had sent him and they weren't obliged to acknowledge or investigate blame until then. In the meantime my Insurers had suspended my no-claims, upped my premium and increased my excess because the claim was pending. As the innocent party I was being punished because 'it's standard practice between Insurers in these circumstances' - so frustrating! Even now they have accepted liability (their client ran into the back of me he admitted it at the scene to the police who prosecuted him) they are still dragging their feet. Be prepared for a long wait.....
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