Admiral want to go to court and claim against 3rd party

[Derek Smith]

pork911 said:

Who are submitting all these Claim Forms to the Court without the Claimant signing?

Isn't the insurance company the claimant?

Edited by Derek Smith on Sunday 5th May 09:45

[Pit Pony]

20 years ago, my insurer took the third party to court.

I was only too happy to help them out.

Cost me 1/2 a days holiday (which I stole back later by "working from home") to get my excess refunded.

[matchmaker]

Somewhatfoolish said:

1. Watch Judge Judy
2. Watch Judge Rinder

Don't. Bear absolutely no relation to what actually happens in a real court.

[Pit Pony]

matchmaker said:

Somewhatfoolish said:

1. Watch Judge Judy
2. Watch Judge Rinder

Don't. Bear absolutely no relation to what actually happens in a real court.

Small claim court in Liverpool was upstairs in the crown court building. basically just a conference room. Judge, at one end, everyone else around the table.

[TwigtheWonderkid]

People moan on this forum all the time that insurers just settle tp claims and throw loads of money away for nothing and that's why premiums are so high. Here we have an insurer digging their heels in on behalf of the client. Of course you should do what ever is required to support your insurer.

[TonyF1]

I had a friend in this situation and he had to go to court. The reason was the cost of the hire car from the other party was very high as they took an age to get the bodywork sorted and not accepting 50/50.

[Aretnap]

Derek Smith said:

pork911 said:

Who are submitting all these Claim Forms to the Court without the Claimant signing?

Isn't the insurance company the claimant?

Edited by Derek Smith on Sunday 5th May 09:45

OP is the claimant - he is the one who actually suffered a loss as a result of the other driver's (alleged) negligence. So it needs to be his name on the claim form.

Of course Admiral can manage most aspects of the claim on his behalf, and will have subrogated rights to whatever money is recovered in his name. But they can't just make a claim in their own name unless they're claiming that it was their property that was damaged by the other driver.

[S13_Alan]

Somewhatfoolish said:

While I agree it probably won't go to court don't think of it as a bad thing, think of it as a bit of fun - you've probably never been to one before from the way you're speaking about it. It's a new experience! And of very little consequence to you (I appreciate the day off will be a bh if you're self employed but this does come with the territory).

If you adjust your mentality like that you may actually like it.

I had to do this last week and found it quite interesting.

When I said I'd go I didn't think it would get that far either, but fast forward some time and I find myself on a little road trip to attend court some distance away. Made it a little trip for an extra day to see stuff.

Claim value was 4k, so not a huge amount, but aside from being frustrated about the lies being told by the other party, I actually enjoyed it.

About 5 min before we got to trial the other barrister offered a 50/50 deal. I declined this, because it was absurd given the situation, and so we got out trial... and I won.

I was a bit surprised the choice to accept that deal was mine to make though, but perhaps it's a question of the amounts at stake.

[pork911]

Aretnap said:

Derek Smith said:

pork911 said:

Who are submitting all these Claim Forms to the Court without the Claimant signing?

Isn't the insurance company the claimant?

Edited by Derek Smith on Sunday 5th May 09:45

OP is the claimant - he is the one who actually suffered a loss as a result of the other driver's (alleged) negligence. So it needs to be his name on the claim form.

Of course Admiral can manage most aspects of the claim on his behalf, and will have subrogated rights to whatever money is recovered in his name. But they can't just make a claim in their own name unless they're claiming that it was their property that was damaged by the other driver.

So my question for those stating otherwise on page 1 stands, all very strange.

[The Wookie]

NomadicTurbo said:

Had a similar situation myself, I bumped into a car that had just pulled out of a junction onto a NSL road.

I stood my ground with my insurance and maintained that I wasn't at fault, all went quiet, then 6 months later I received a letter from my insurance company asking me to attend court "as a witness". The car I hit was a company car, that company were taking my insurance company to court.

Best outcome would be 50/50 and I'd lose my No Claim Bonus. Insurer wanted me to accept fault despite siding with me at the time.

I maintained that I was happy to go to court.

Eventually my insurer paid out for the damages to the other party, but allowed me to maintain my No Claims Bonus and marked it down as a non-fault on my part.

Had no issues since, this was around 8 years ago.

My old man had similar after some dick tried to cut in behind him at a set of traffic lights and didn’t see the trailer he was towing

The tosspot stopped long enough to take Dad’s reg, drove off and clearly decided later there was enough damage to chance it and try to claim it was Dad that had left the scene. Thankfully Dad had already reported it.

Dad dug his heels in, wanted to take it to court as it was total bks but the insurers decided it was cheaper to pay the claim and treat it as a non-fault on his record.