Insurance company will not go to Court, can they do this?

[homerthegrea]

I was involved in an accident 18 months ago, when a lorry bumped into me causing about �350 of dammage to my boot and rear lights. The lorry driver at the time admitted responsibility but when he put his report into the insurance company had denied this and said it was not his fault and as there were no witnesses his insurance company suggested a 50.50 split. I have refused this now for 18 months saying i would take it to court, as i know i'm in the right. My insurance company are now saying , they are not prepared to go to court as it will cost them to much money, far more than the dammage caused to the car. My question is, is it not my decission to say if it goes to court, as i pay the extra lagal cover on the policy. TIA

[buildersmate]

This is what the legal extra option in these policies is intended to cover - the cost of recovering your losses.

[Loosehead]

It's not a question of their decision, it's a question of your actions.

File a small claim against them, if they refuse to go then you can apply for judgement. They are relying on your lack of knowledge. Get down your local county court and file a small claim against the insurance company and stand well back! The are usually very helpful down the court, I have recent experience of this.

[dilligaf]

From your posting where damage was caused to your boot and rear lights, I assume he other driver went into the back of your vehicle. There is no excuse for this.
It is too expensive for insurance companies to investigate so they go for the cheaper option. knock for knock.
Take note of Looseheads answer and go to a County Court.
The result (which according to your statement) will be in your favour and save a massive increase in your insurance premium next year.

[hurstyboy]

I work as a lorry driver and I know that most policy excess are set quite high to keep the premiums down. Why not write to the owner of the lorry and see if it can be settled this way as rule of thumb is that if you are hit by the vehicle behind then it is usually their fault.