Third Party Threats

  • Shonyashoo's Avatar
    Hi, So I have had two people crash into the back of my car in two months. First drove off and I dealt with my insurance which is still ongoing. I sustained injuries to my knee, back and hips. Had physio etc then a few months later someone else drove init my car causing damage to my back bumper and i woke up the next day with complete body aches which turned into pain in neck and back. Felt it had taken my recovery back. So the driver admitted fault and her insurance contacted me who rhen paid me money for the car to be repaired and said it was a cat N. A few weeks later I release my back and neck pain are not getting better so put a claim in for injury direct with them. I have now had a very bullying email saying they have rejected my claim because my car sustained light damage (it has a section of bumper torn) and she was driving at low speed. They then threatened me with court and said I’m basically lying about my injuries. Which I’m most definitely not! The physio saw me the day after and could visibly see how stiff I was. He said it has aggravated the inflammation that was already starting to get better so it will delay my recovery. The thirst party are also saying they will process recovery of the money they paid me for the damage their client did to my vehicle! I know in hindsight I should have dealt with my insurance. The driver asked me not to go through insurance which I felt was dodgy anyway but she was young and I felt sorry for her and thought it would be an easy process. Can the third party take legal action to get the money back? I am pretty sure she admitted fault and I have details of them offering to repair car etc and where they said it was a total loss. I don’t understand their logic other than trying to scare me. I am speaking with my insurers tomorrow as I have legal protection and hoping they can just deal with it. It’s giving me stress and anxiety all this. I feel I’m left with pain in my body, a mainly written off car because it will cost more to repair and insure next year now the stress with this insurer.
  • 6 Replies

  • Best Answer

    TC1474's Avatar
    Best Answer
    Third party insurers acting like bullies is common place mainly because they will do anything to mitigate their losses and if they can reduce their costs by dumping some contributory negligence on you or making allegations that might force you to withdraw your claim, they will do so willingly and consider it a job well done.

    Your case is made more difficult in that you have a pre existing medical condition caused by the first crash and this will affect the general damages value in the second claim, hence the reason you need proper specialist personal injury advice from a good Personal injury solicitor.

    You do not have to use a solicitor appointed by your insurers, you can choose who you want, but a good injury solicitor will blow the third party int the weeds, particularly under the rules of disclosure once all the evidence has been gathered.

    A good solicitor will get the ball rolling quickly and the chances are that they will get proceedings issued quite quickly which will show that you are serious and not faking it and all your costs can be claimed back

    It sounds like you have a genuine albeit complicated case, get some proper legal advice.

    I can put you in touch with someone if you don't know who to turn to (my old boss) and I do not get any commission or payment for referrals,
  • Drivingforfun's Avatar
    I think someone more knowledgeable will reply in more detail but I think your idea of letting your insurance company fight it out on your behalf is the best one, thats what you pay them (well over the odds) for
  • Shonyashoo's Avatar
    @TC1474 Thank you for your reply. Yes please I would appreciate the contact of your old Boss. Many thanks
  • Rolebama's Avatar
    You may not want to read the following as it did not have a good outcome.
    My friend was in an almost identical situation. First car hit him, he was in chronic pain for a while. the third party insurer refused to settle without a firm prognosis. The damage to the car did not stop him driving it.After a while driving again, rear-ended a second time. Because the first claim had not been settled, this gave both insurers leverage to say it was because of the other driver. This included damage to the car, and his back injury. The claims dragged on for years until eventually he had enough and cancelled them both. During this time his car, undriveable since the second collision, deteriorated and aged to the point he just scrapped it.
  • Santa's Avatar
    There was a time when, after a minor bump, it was reasonably safe to come to an arrangement with the other driver. I did it myself a couple of times - once some notes changed hands and the other time we agreed to pay for our own damage.

    These days, I would strongly advise against it for several reasons. Not least that your insurance company expects you to tell them of any accidental damage.
  • TC1474's Avatar
    @TC1474 Thank you for your reply. Yes please I would appreciate the contact of your old Boss. Many thanks

    Personal message sent with contact details and a covering note