Jump to content

chester28

Registered Users

Change your profile picture
  • Posts

    4
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Dacouc - thanks for your comment. So what would you do in my situation? simply pay Admiral almost 10k? i do think they could have done it much cheaper. I spoke to them about 10 months after the accident and at that point they still had no medical evidence. I don't think they have investigated it at all. I accept we will have to pay up something but Admiral have not justified this amount. Can i make them and offer and what are they likely to accept?
  2. Thanks for your response. What i am saying is only what i have been advised by a solicitor specialising in motoring offences who told me that in his opinion I am not liable for this as my partner was not driving as my employee or my servant and Admiral should have advised third party to issue proceedings against him before paying out the claim and they would be able to pursue my partner for their outlay. Solicitor told me that in the current scenario Admira don't have a leg to stand on as they have already paid out. I am quite worried that what i have been told on here is quite different to the legal advice i had paid for. I was also advised to offer Admiral a small "ex gratia" payment to get rid of this matter, and if they don't accept it, there is a long list of issues/questions that i want them to address in how they have dealt with this claim including any evidence they based their payments on.. I really would like to avoid this matter getting to any CCJ proceedings against me... Do you think Admiral are likely to negotiate with me and respond to my offer or are they likely to go straight into issuing proceedings? I am thinking perhaps it would be good for me to get legal advise from another company to see what they say, as i don;t want things to escalate further:(
  3. Hi, thanks for your replies. Admiral have stated initially that unless i sign the indemnity and consent form, they will take no part in this claim until unsatisfied court judgement has been obtained, so i am left wondering why they have decided to pay it out without it. Can they still issue county court proceedings against me/my partner considering they have now paid the claimants? My main concern is the way Admiral has been dealing with this claim. During my conversation with them several months after the incident they have stated that they had no medical or other evidence from third party and simply decided on the amounts to pay out "based on their experience" - according to my solicitors the amounts they are now stating are highly inflated and they appear not to have followed Judicial Studies Board guidelines. Whilst I appreciate the mistake on my partner's part, i cannot simply accept to pay the ridiculous sums Admiral are now demanding from me considering they have had no basis to pay out that much money.. They have decided it was my partner's fault, although again i don;t know on what basis considering no one has even spoken to him or took statement or even looked at the photos I had sent them.
  4. I'm seeking some advice... Cutting long story short - a couple of years ago someone else (my partner) was driving my car (with my permission) with me as a passenger. Partner had a fully comp insurance and wrongly thought it contained a third party insurance on my car (i accept it was a very stupid mistake, and we have learnt a lesson to check all details on insurance big time!). Partner was not listed on my policy. My vehicle was involved in a minor collision with another vehicle while being driven by my partner. No visible damage to either of the cars and third party driver and passenger assured they were fine and had no injury. Police were not called. Afterward we called partner's insurers to inform them of this minor collision it transpired partner was not insured on third party vehicles, including my car. Eventually third party made a series of claims including whiplash and damage to vehicle. Admiral sent me form of indemnity which i did not sign. Partner never had any communication about this from any source. Now Admiral are pursuing me for just short of 10k for their "outlay" in this case. Third party was also insured with Admiral. I am concerned they have not investigated this matter at all and as far as i'm aware no medical or other evidence has been presented by third party and this claim has been just paid out by Admiral without any consideration to minimise the costs. My question is: does this mean all claims have now been paid out by Admiral to third party considering they seek "settlement proposal" for their "total outlay"? Also my understanding is Admiral would only be able to act as RTA insurer and pay out to third party IF they obtained either signed form of consent and indemnity or obtained court judgement against the driver (my partner) BEFORE paying out the claims to third party (considering i was not the driver, partner was not a named driver on my policy, and form of consent has not been signed). I have obtained legal advice from solicitor who advised not to sign the consent and indemnity form as it is effectively a blank cheque. He gave me advice as above i'm still confused as to why have Admiral paid out to third party as RTA insurer (which they say they did) without any signed consent form or court judgement? can Admiral now legally pursue me for their outlay? Can they now take legal action and obtain court judgement against my partner (we are still together) considering they have never even sent them any communication (although they were aware of driver's details)? The solicitor seems to suggest they Admiral effectively do not have a legal leg to stand on now as they have paid the claims out without taking the required steps as above, if anyone has any similar experience or knowledge i would be grateful for this. I just don't know where to go from here and how to finally resolve this.
×
×
  • Create New...