Motorcycle insurance advice: dealing with a part 36 offer

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If you are involved in an insurance dispute with another party and are declining their offers you may get a Part 36 Offer.

They are made as attempts to settle an action in advance of a trial or the issue of proceedings. Both claimants and defendants can make them; if a Part 36 Offer is made before court proceedings it must be followed with a Part 36 Payment after court proceedings have been issued.

The idea behind it is to put pressure on the other party to agree to settle the case on your terms. The consequences of refusing to accept an offer can be serious financially, as costs could be awarded against you which could swallow up any damages you are yourself claiming.

However, if you are involved in a dispute like this, you can usually get insurance to cover the other side¹s costs if you fail to beat their offer.

Your solicitor can give you details of the various schemes available. Having said that, if the circumstances of the incident are as you describe, then the Offer you've received isn¹t much of threat to you, and you should stick to your guns.

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Chris Dabbs

By Chris Dabbs