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Why do you have to pay it? They are liable on your behalf.
Yes, but then the third party liability is theirs?
Well, it depends. The point they are making is that they are not prepared to contest the facts of the case which is ultimately a decision they are able to make.
Third party insurance means that a third party can claim from the insurance company but you cannot claim for your own losses.
So if they are settling the claim then they are liable to the third party but there is no claim for any of your own losses.
However, you can't force them to contest the matter.
The only issue is that I suppose the other side could claim from him personally if they are saying they were underpaid but people do not often do that.