Well after quite a few months, got a call from the fee collectors appointed by insurance… they said that the other party’s insurance had decided to pay all costs ‘without prejudice’.
Now, this concerns me a bit because for a few months the other party’s insurance did nothing. According to the fee collectors they had sent the case file to the wrong department. Then a month later, they change minds.
As far as I can see without prejudice means they don’t accept liability - which is fine because I too will accept it as such. However, what is the statutory time limit (if any) for me to consider the case closed?
Are there any other risks I should be aware about? Fee collectors just kept saying that the chances are they don’t want to deal with it, rather in a hurry to pay up. But I like having my backside covered
If you’ve got all your losses covered accepting a ‘without prejudice’ settlement should not be a problem.
However, if you later become aware of additional losses or personal injury you want to claim for then you will not be able to rely on the settlement as any admission of liability.
Is this the farm gate incident?
Ah I see… then that’s great as I’ve declared everything
To my understanding, the term “without prejudice” on a letter means that that letter cannot be used in court.
May I suggest you ask the person who wrote you that letter, what do they mean by it. Are they saying that you cannot bring that letter into legal proceedings, or are they telling you that the third party cannot bring that letter into proceedings?
For heavens sake, don’t be worried about asking such questions, even if it makes you think that you are giving the impression of naivety. In fact, I would believe that sometimes, people try to keep another person quiet by using such means. Simply put, Bruce Lee said, and I am paraphrasing here because I cannot quote it exactly, “It is better to appear to be stupid for a few minutes and ask the question, rather than appear be intelligent, not ask the question, and remain stupid”.
I think the phrase is “He who asks is a fool for five minutes, but he who does not ask remains a fool forever” is from Mark Twain
“A wise man can learn more from a foolish question than a fool can learn from a wise answer.” is from Bruce Lee
So far no letter has been produced. It’s only been on conversations between my insurance fee earners and theirs. I had to ask if the offer was without prejudice to which the response was: " we haven’t seen offer yet but would expect so". I then asked what this term means as I had seen it on forums but the response I got back was a bit vague; i.e. that this offer is without accepting liability and that they wanted to get the case over with quickly.
Am waiting for offer in writing before I make further enquiries in writing.
If it means I can’t use it in court as admission of error/ guilt, that’s fine because there should be enough evidence without them…
The question I have is more a case of how long I have before I can consider this case closed. Last thing I want to do is spend the money only to find out 5 years later that they disagreed and were challenging
I had this when I was knocked off my old bike.
3rd party insurers agreed to cover all my gear & bike etc, but ‘without prejudice’
3rd party refused to accept liability, but her insurance party could basically see her at fault, based on the evidence.
18 months later, after refusing a driver awareness course, the Police took the 3rd party to court for being a schlong. She ended up paying £1000, plus 3 points and sriving without due care etc…
Now my insurance is back to normal… phew.
A lot of grief though, and everything gets dragged up.
It did help that I discredited the defence solicitor on two things. One was about my bike, and the other was pretty funny, because his ‘big, clear map’ was incorrect! The Magistrates didnt look happy, nor did the defendant - she probably paid for his posh suit
Hmmm ok, let’s hope this doesn’t drag on too much…
as above mate, I had this as well a lot of payouts are without prejudice… if they accept it all then you could claim more back in future and they are screwed as they have already admittied liability. This way again as above you cannot use this as a precurser for more money BUT it would not stop you from claiming more should something else come to light…