My insurance company thinks I was to blame – Can I still claim?

Most think the answer is “No”, but surprisingly, the answer is usually “Yes” provided that the insurance company has settled the claim on a “without prejudice” basis and that your claim has reasonable prospects of success.

I have recently settled a claim for a local man who was involved in a road traffic accident after his car was involved in a collision with a motorcycle. Fortunately, no-one suffered serious physical injuries.

Probably after seeing one of the hard-to-avoid advertisements on TV, the motorcyclist immediately instructed a national firm of solicitors to bring a claim on his behalf.

My client, for whom I had acted several years beforehand, reported the accident and the later claim to his insurers who decided that, based on the version of events given by the motorcyclist alone, that they would pay his claim in full.

A few weeks afterwards, the client came to see me and asked the question above. Based on his version of events, I advised that he had a good chance of proving that the accident was due to the fault of the motorcyclist who had ridden into his car when it was stationary. We then found an independent witness who confirmed this and started a claim which was recently settled in my client’s favour.

Because his insurers had settled the motorcyclist’s claim on a “without prejudice” basis, that did not prevent my client from pursuing his own claim which he was delighted to win.

I wonder if his insurers will regret paying out thousands of pounds to his opponent and his solicitors?

If you would like advice about any type of personal injury claim, please call us on 0114 218 4000 or email me at

I am looking forward to see how not being part of the EU will affect my weekend. I suspect that the price of UK-brewed ale and curry will not have changed.

Be the first to comment

Leave a Reply