My daughter was seriously injured in a car accident in September 2009. A passenger in the other car was killed and the driver imprisoned for dangerous driving.
His insurer, Admiral, should be paying for my daughter's treatment but is arguing over liability. It made an offer last August but her solicitor is not happy that he has everything needed to complete the valuation. My daughter does not know whether to accept the offer or continue waiting. She has legal expenses insurance on her motor policy with NFU Mutual which pays for her solicitor. IK, Pontefract, West Yorkshire
NFU has promised to push this along and wrote to your daughter explaining the legal position. Admiral produced a shock: it has still not accepted liability and says it may not legally be liable for her claim. Its policyholder, who caused the accident, had not revealed a previous conviction for driving without insurance. When Admiral realised, it voided his policy which means he was not insured at the time of the accident. It is continuing to deal with her claim, it says, as a matter of goodwill, although through the Uninsured Drivers Agreement it does have firm responsibilities to an innocent victim.
Meanwhile, Admiral is trying to offload the cost. It says another driver, also charged with dangerous driving but found not guilty, could have contributed to the accident, in which case his insurer, Prudential, should be dealing with your daughter's claim. Her solicitor was told about this in March last year. Prudential disagrees as its policyholder had denied racing with the guilty driver. This is for the two insurance companies to fight out, in court if necessary.
Admiral says it made the offer in February, not August, and discussed it on the phone with your daughter's solicitor – who did not reply until July.
She has at last received an interim payment of £15,000.
You can email Margaret Dibben at your.problems@observer.co.uk or write to Margaret Dibben, Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include a phone number.
