Car accident claim,they have made me an offer but have not yet accepted liability,why is this?

Question

i was involved in a car crash where a minicab driver ran a temporary light and scraped the front corner off my car when he tried to squeeze between me and the roadworks after i had just pulled out of the road i was on.he addmited liability at the time but the only witness was in my car so he dosnt count.i took photos and contacted my insurance immediatly but he took about a week to contact his.having had my injuries assesed,i was made an offer and was told by my solicitor to turn it down,they have made another offer which im advised to take.but it is still subject to liability.they paid off the car hire people months ago so why have they not accepted liability yet?is this normal?i just want my no claims back,my insurance is now more than i can afford!

Answer 1

If you admit liability then you can be sued for everything you got....never ever admit liability

Answer 2

They probably will not accept liability. Just in-case anything further comes of the case.

Answer 3

What does your solicitor say?  Is he thinking that you are unlikely to get a better offer and, if so, has he/she taken into account the long-term impact on your no-claims discount?  A settlement that fails to put you back in the position you would have been in before the collision is not much of a settlement at all.  Sadly, given the unscrupulous behaviour of insurers, you may well have to fight to get a fair settlement.  They rely on you not having the stamina to see it through.

If you accept their offer 'in full and final settlement of all claims but without the other party accepting liability', then they are off the hook.  You can't later take them to court for your other losses, such as the loss of 4-5 years no-claims discount or damages for physical injuries or psychological trauma or even for the full cost of repairs (if greater than the offer).

What you do next depends on your resources and your gut determination.  A fight will be stressful, time consuming and, possibly expensive with no guarantee that you will win ANYTHING, not even the offer that is currently on the table.  The other insurance company knows you don't want this so they assume you will cave-in.

It would be wrong of me to offer advice beyond:  Go back to your solicitor, say how you really feel and what you really want and see what they can do for you.  If your solicitor is not convincing, try another.  What is your own insurer doing to help you????

Good luck.