If you are injured in a road traffic accident and your insurance
company pay compensation to the other driver, does this prevent you
from bringing a claim against that driver for your own
injuries? Interestingly, it doesn't; provided that your
claim has reasonable prospects of success and your motor insurers
have settled the claim without admitting that you were responsible
for the accident ("without prejudice").
I recently acted for Mrs C, a driver who was hit when another
driver, Mr F, pulled out from a side road and collided with her
vehicle. Mr F was quick to bring a claim against Mrs C and, on
the basis of Mr F's account alone, Mrs C's motor insurers
agreed to compensate Mr F in full on a "without
Mrs C had been my previous client and sought my advice on
whether she could claim for her injuries as she felt that Mr F was
at fault for the accident. Based on what my client told me, I
considered that she had good prospects of showing that Mr F was, in
fact, to blame for the accident if we could substantiate her
account of events. I applied for a copy of the police report (which
presumably my client's insurers did not do), which supported
what she had told me. My client was then successful in bringing a
claim against Mr F's insurers and was compensated in full for
Given that a claim against my client's insurance policy by a
third party would have increased her premium and the fact that Mr F
appeared to have committed fraud (which makes the vast majority of
personal injury solicitors extremely angry given the media's
already less than positive representation of our industry), I
also sent a copy of the police report to her insurers. They
can now pursue Mr F for fraud if they wish to. I was
surprised that my client's insurers didn't investigate this
case properly given that there was objective evidence easily
available in the police report.
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