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Thread: '...On a without prejudice basis'

  1. #1
    Master
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    '...On a without prejudice basis'

    So, some idiot randomly swerved into me, while on a motorcycle, last September. While slightly injured, I had my wits about me, photographed the accident scene in detail and got the details of a quality witness. Despite this, the chap who hit me claimed that I'd hit him and refused to admit liability.

    Today, the solicitors working for the insurance company passed on a letter stating that the other party are ready to 'deal with his client's case on a without prejudice basis' and to forward medical evidence, damages and so on so that they can 'conclude the matter'.

    The solicitor told me that this meant that the other party was comprehensive and was refusing to admit liability despite the overwhelming case against him, but that his insurers had seen the writing on the wall and decided to settle without his permission.

    Checking this, I see that it doesn't appear to mean this at all, it just means that they are admitting liability in a manner that doesn't admit liability. I assume that this allows them to get a contingent sense of how expensive i might turn out to be but that allows them to renege at any point.

    The bike is probably a write off and the protective stuff did its job and will need replacing. The only long term problem is damage to my triangular fibrocartilage complex in my right wrist. However, it's not healed and could be a long term problem as it stabilises the joint, which now often aches and is weaker than before.

    I feel sure that there will be a few insurance experts who can explain what this all means.

    Thanks in advance,

    Matt

  2. #2
    Grand Master TheFlyingBanana's Avatar
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    Ouch! Sorry to hear that.

    Iím not an insurance expert but have had to deal with insurance companies more than Iíd like over the years both personally and professionally.

    My clear understanding throughout is that ďwithout prejudiceĒ simply means no admittance of anything including liability.

    I suspect both insurance companies are simply preparing to do a deal between themselves to resolve the matter, and offer a final settlement to the relevant parties to conclude it.

    But I watch this thread with interest to see if I am wrong.

    Best of luck with the situation.
    So clever my foot fell off.

  3. #3
    Long story short, "without prejudice" simply means that the content is not binding or able to be used against them - I.e. not to be read as an admission.

    Sent from my SM-G950F using TZ-UK mobile app

  4. #4
    Grand Master
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    Matt, two words for you " white dalton"

    they are biking solicitors, I swear by them, I have used them twice when an arsehole has hit me and lied to their insurance company, they have sorted it and won for me both times.

    mike

  5. #5
    Craftsman
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    And in the same vein I would recommend the well-known-in-bike-circles John Measures.

  6. #6
    Master
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    Quote Originally Posted by Bluehase284 View Post
    Long story short, "without prejudice" simply means that the content is not binding or able to be used against them - I.e. not to be read as an admission.

    Sent from my SM-G950F using TZ-UK mobile app
    Spot on - it is basically inadmissible as evidence, so the fact that they offer you x and you choose to reject it cannot then be used by you as evidence if it goes to court.

    In fairness any solicitor will start the negotiations on a without prejudice basis, so should be viewed as a positive that they are looking to engage.

  7. #7

  8. #8
    Former Defendant RTA solicitor here. Long and short of it is that both you and your solicitor are right.

    There can be a plethora of reasons as to why the other side's solicitors can't formally admit liability. The third party may not give them permission to do so. When I was in practice, we used to send out a pro forma letter asking the policyholder to sign and return if they authorised us to formally admit liability. 9/10 occasions, we got the signed letter and could formally admit liability. If we didn't get the letter or the policyholder wouldn't agree, we'd just settle on a without prejudice basis just like in your situation. The insurers can dispose of third party claims as and how they choose so in this case, it seems like with the wealth of evidence against their policyholder, they have instructed their own solicitors to deal with your claim.

    I wouldn't worry about the above, just crack on with evidencing your claim and obtaining medical evidence.

    Who's paid out for your motorcycle? Your own insurers? Or are you awaiting the third party to. Why not instruct your solicitors to ask for an interim payment for the bike and other special damages such as leathers, helmet etc etc.

    Regards general damages, if you don't need the cash, don't rush into accepting an offer for the injuries. Get private physio if you need it. The other side should pay. It's in their interests to make sure you recover as soon as possible. Have you been seen by a medical expert? He might be able to provide a prognosis or you might have to be seen again. As I've said before, don't settle this aspect of your claim until the medical evidence is complete.

    If you want any more advice, drop me a PM.

  9. #9
    Craftsman deerworrier's Avatar
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    The George & Dragon. If it's not known here, it's not known anywhere :)

  10. #10
    Master wildheart's Avatar
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    Great advice above This is an amazing resource!

  11. #11
    Master
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    As always, thank you all for the first rate advice. Kungfupanda, thanks for such detail, I was unclear as to the possibilities and concerned as it looks possible that there may be some long term issues as the damage to the cartilage appears to be having a knock on effect on the joint. Iím pretty well flat out until the weekend, but I wouldnít mind having a chat about it as there are a couple of issues Iíd like to be clearer about.

    Thanks all.

    Iíll pop twenty quid in the fundraiser later this week

  12. #12
    M4tt, Iím tied up pretty much everyday until late next week.

    However drop me a PM with any unanswered questions and Iíll respond as soon as I can ASAP. If you want a chat, itíll have to be later next week :)

  13. #13
    TZ at its best - not seen a genuine help request gone unanswered yet - and normally with a good level of skill and expertise.

    Sent from my SM-G950F using TZ-UK mobile app

  14. #14
    Journeyman
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    I dont post much on here, but threads like this (and watches of course) are why I am on here.

  15. #15
    Well any civil litigation questions, I can answer for free in return for first refusal for one of those cheap Omega moon watches that pop up once in a blue moon 😂😂😂 :)

  16. #16
    Cheap omega moon watch? Oxymoronic request!
    Quote Originally Posted by kungfupanda View Post
    Well any civil litigation questions, I can answer for free in return for first refusal for one of those cheap Omega moon watches that pop up once in a blue moon :)
    Sent from my SM-G950F using TZ-UK mobile app

  17. #17
    Master
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    Sorry to KFP that I haven't been in touch, life took over, as it does and so I'll kick this into touch for now, but when I actually have time to do something about it, I'll be in touch. I've actually made the donation to the fundraiser today as well...

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