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djr
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Joined: 09 Nov 2003
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PostPosted: 22:54 - 19 Feb 2009    Post subject: Insurance Claims Reply with quote
Right... Back end of last year I was involved in a RTC with a van (whilst on bike)... As of yet I'm told my solicitor still hasn't recieved the 3rd party's statement... Infact the most they're recieved is a letter back last year saying "We are carrying out investigations but can advise at present liability is disputed. We are told your client proceeded to overtake our insureds turning vehicle. We must ask your clients details account of the accident and his allegations." and an offer to go 50/50 (with cheque).

What is there my solicitors are able to do to force them into handing over the witness statement, as i understand it they've both written and phoned them asking for it but are yet to recieve anything... is there a certain time period before they HAVE to hand it over? (is it a legal requirement for them to hand it over?... without it taking them to court would seem weird as how are you supposed to sue someone when you don't know what their full allegations are?).

Solicitors written this week regarding a part 36 offer which after reading through it twice still seems a fooked up way of handling things...

Any help much appreciated Mr. Green.
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iooi
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PostPosted: 07:18 - 20 Feb 2009    Post subject: Reply with quote
I assume this must have been reported to the police, as such they should be where the statements are held and not the other ins co...
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djr
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PostPosted: 10:55 - 20 Feb 2009    Post subject: Reply with quote
iooi wrote:
I assume this must have been reported to the police, as such they should be where the statements are held and not the other ins co...


True and the police have been written to and solicitors have paid for the report from them but surely it's still the insurance companies responsibility to hand it over... ?
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djr
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Joined: 09 Nov 2003
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PostPosted: 10:56 - 20 Feb 2009    Post subject: Reply with quote
iooi wrote:
not the other ins co...


Well the other insureres are going to need it aswell aren't they Rolling Eyes how are they supposed to fight a case when they don't have both parties statements Wink ?
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arry
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PostPosted: 13:00 - 20 Feb 2009    Post subject: Reply with quote
if you've paid for the police report then you have the witness statements.

TBH, it's your solicitors you should be asking what the next steps are from, not on here - sounds from the initial reactions that you're going to struggle to get it further than 50/50 anyway....
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djr
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Joined: 09 Nov 2003
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PostPosted: 14:00 - 20 Feb 2009    Post subject: Reply with quote
arry wrote:
if you've paid for the police report then you have the witness statements.
none of the three witnesses gave statements.

arry wrote:
sounds from the initial reactions that you're going to struggle to get it further than 50/50 anyway....
what brings you to that conclusion then... filterings not illegal... i wasn't doing anything wrong...
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arry
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PostPosted: 14:07 - 20 Feb 2009    Post subject: Reply with quote
Ok, if they're not in the police report then your solicitors will have to ask the third party for their counter argument and evidence to back up - which means giving the witness statements over.

Reason I say it looks to be going 50/50 is because if they're disputing liability already and they've got witness statements - you're not looking good for the win are you
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djr
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Joined: 09 Nov 2003
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PostPosted: 14:18 - 20 Feb 2009    Post subject: Reply with quote
arry wrote:
Ok, if they're not in the police report then your solicitors will have to ask the third party for their counter argument and evidence to back up - which means giving the witness statements over.

Reason I say it looks to be going 50/50 is because if they're disputing liability already and they've got witness statements - you're not looking good for the win are you


What makes you think they have WITNESS statements? The only statement the other insurance company have are of their own insured (the bloke in the van) and mine - only one my solicitors have is mine...

If you're gonna reply to a post it helps if you read the op first Wink
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arry
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PostPosted: 14:23 - 20 Feb 2009    Post subject: Re: Insurance Claims Reply with quote
djr wrote:

What is there my solicitors are able to do to force them into handing over the witness statement


Errrrr - ok then

Hope you end up with the right result anyway, I'll leave you to it now
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djr
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Joined: 09 Nov 2003
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PostPosted: 14:36 - 20 Feb 2009    Post subject: Re: Insurance Claims Reply with quote
arry wrote:
djr wrote:

What is there my solicitors are able to do to force them into handing over the witness statement


Errrrr - ok then

Hope you end up with the right result anyway, I'll leave you to it now


Ah bollox meant third party statement Embarassed.
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arry
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PostPosted: 14:38 - 20 Feb 2009    Post subject: Reply with quote
No worries

If there's no witnesses other than the parties involved - and he's disputing your version of events, and your disputing his, I'd say you've got far more chance of it being a 50/50 than it going either way - I doubt either insurance company would take it as far as court Sad
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djr
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Joined: 09 Nov 2003
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PostPosted: 20:31 - 20 Feb 2009    Post subject: Reply with quote
arry wrote:
No worries

If there's no witnesses other than the parties involved - and he's disputing your version of events, and your disputing his, I'd say you've got far more chance of it being a 50/50 than it going either way - I doubt either insurance company would take it as far as court Sad


Riiiigggghhhhhttt... heard from solicitor today, there is one witness - they only statement was that i was travelling at between 30 and 40 mph which is bollocks and can be proved so that's fair enough, at the moment the solicitors are debating whether to do part 36 or issue legal proceedings... no idea what it all means but all sounds like a good idea to me Smile. about bluddy time something got sorted, third partys insurance are useless.
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Old Thread Alert!

The last post was made 17 years, 250 days ago. Instead of replying here, would creating a new thread be more useful?
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