Should I continue fighting the insurers after a non-fault accident?

I have an on-going dispute after my wife was involved in a non-fault accident. I am making slow progress with the lawyers but, in the meantime, we have to re-new the policy on my wife's car. The renewal quote was a massive 83% up on last year. The lady who spoke to my wife tried to persuade her to settle for 50/50 as if it went to court the judge would probably give that ruling anyway on such a small bump. My wife is so terrified of going to court that has asked me to drop the case. Shopping around for quotes the extra cost for the non-fault accident was £25 to £30 on the premium. I asked one quoter why this was and he said that the accident, even if it wasn't her fault, would mean that she would be more likely to have an accident in the future. Should I continue fighting the issue or am I simply wasting my time? What would happen if the other driver admits liability - will it affect the outcome in any way?

Asked on 8 June 2017 by John Hughes

Answered by Tim Kelly
First rule, never believe anything an insurer tells you. Second rule, never let an insurer persuade you to do anything. If they are trying to persuade you, it is for their benefit not yours. What do you pay your insurance for? So they can defend you against any claim made against you. And can claim on your behalf when you are the injured party. Why would you not want them to do what you have paid them for?

Now that you are this far down the line, if your wife has advised you to drop the case and you have, you have then completely compromised yourself. It would be very rare that you wife would need to go to court and take the stand, it would be the insurer's solicitor doing that. The only way you can fight this is by standing for your rights. If this was a non fault accident, then you have had a "tort" committed against you, then you need to stand up and fight for your rights. If you do not, you will continue to endure the situation you are in now with premiums for the next five years. What do you have to gain by going to court? Your no claims bonus, your driving history, your excess, your right to settlement, compensation and reduced premiums.

If the other driver admits liability your policy will be resumed, your no claims bonus will be re-instated and I would then claim for any increase in premium for the next 5 years as a result of the accident from the at fault party. It massively affects the outcome.

If your wife feels the accident is not her fault, she needs to say so very clearly to her insurer, advise her to say " I do not consent to you as my insurer accepting liability in any way, I find the other party wholly liable for the incident, and wish for you to pursue my lawful losses in full".
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