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Title: Do I have to go to court?

Date: 26 October 2012

Question

I was involved in a filtering accident in 2010. The court awarded the claim in my favour because the 3rd party insurer did not communicate and failed to attend court hearings.  They then settled my claim in full without prejudice. However, just recently the 3rd party is claiming for his losses as liability is still an issue. My solicitor informed me that they are offering the 3rd party 50/50% liability. If they do not accept this, then it will go to court. I am not happy with this situation as I feel that the third party was negligent. What do you advise?

 Mr D, by e-mail

Answer

Having looked at the papers you sent me you were very fortunate to get 100% liability in your favour which was purely as a result of the third party’s inaction/failure to deal with the situation. The settlement was made without prejudice leaving the door open for your opponent to claim. It may well be that the correct result is 50/50 and there is not a great deal you can do about it as you have to cooperate with your insurer in dealing with the claim. I assume your solicitor will carefully scrutinise the medical evidence as it seems a little suspicious that the 3rd party’s claim has been left so long.

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