Insurer not paying for third party's claim
Discussion
HI, my girlfriend was involved in a fault accident about three months ago. She admitted liability and gave her insurance the other party's details. She didn't claim for the damage against her car.
Today she received this letter from the other party's insurance. Other than contacting her old insurance company (as she has since renewed), is there anything else she needs to do? She had/has legal cover too.
Today she received this letter from the other party's insurance. Other than contacting her old insurance company (as she has since renewed), is there anything else she needs to do? She had/has legal cover too.
Edited by Matt-il77s on Sunday 27th January 22:33
As above, she should speak to her old insurer asap and pass the letter into them. No harm in chaseing them up a few days later to make sure they're dealing with it, but beyond that she should do nothing.
Possibly her insurer hasn't paid because they're disputing the size of the claim or possibly they're just being slow. Either way she should forward any further correspondence to them and let them deal with it. Even if it does end up going to court (unlikely but not impossible) it will be her insurer who ends up paying - not her.
Legal expenses cover, or lack of it, is irrelevant in this situation - that's for her to use of she wanted to claim from a third party for her own uninsured losses after an accident (eg personal injury, her excess). Legal costs resulting from a third party making a claim against her are covered as standard by all car insurance policies.
Possibly her insurer hasn't paid because they're disputing the size of the claim or possibly they're just being slow. Either way she should forward any further correspondence to them and let them deal with it. Even if it does end up going to court (unlikely but not impossible) it will be her insurer who ends up paying - not her.
Legal expenses cover, or lack of it, is irrelevant in this situation - that's for her to use of she wanted to claim from a third party for her own uninsured losses after an accident (eg personal injury, her excess). Legal costs resulting from a third party making a claim against her are covered as standard by all car insurance policies.
Is this the latest way of insurers to get out of paying claims.
I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
andye30m3 said:
I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up,
Daughter's just had the same when an Argos van ran into the back of her car, writing it off. Her insurer said theirs just isn't responding.andye30m3 said:
Is this the latest way of insurers to get out of paying claims.
I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
She was insured by one of the Admiral company, Diamond possibly. I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
Just an update, she rang and the operator said he was aware of the letter but wasn't sure why it hadn't been paid so will pay it as soon as possible. She's also going to ring back in a couple of days just to ensure it's been done.
andye30m3 said:
Is this the latest way of insurers to get out of paying claims.
I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
What were they supposed to pay up for if you hadn’t spent any money getting your car repaired I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
macushla said:
andye30m3 said:
Is this the latest way of insurers to get out of paying claims.
I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
What were they supposed to pay up for if you hadn’t spent any money getting your car repaired I had someone go in to the back of me last year, simple non fault claim for me, months later I got a letter saying I may have to go to court as the third parties insurers hadn't paid up, especially annoying had I'd driven around in a dented car rather than take a hire car and had made it quite clear hat I had no intention of claiming injures.
Third parties insurer was admiral, a company I fully expected to bugger about.
I consider this acting reasonably by making sure the claim was as small as possible, likewise I never tried to load the claim with injuries which plenty of others would have done.
To then delay reimbursing my insurer for months after they had paid out for the car, to the point at which my insurer was going to have to take them to court isn’t reasonable
andye30m3 said:
Between the accident and them writing the car off I could have had a hire car, didnt bother as mine was drivable all be it with a fairly large dent in the boot.
I consider this acting reasonably by making sure the claim was as small as possible, likewise I never tried to load the claim with injuries which plenty of others would have done.
To then delay reimbursing my insurer for months after they had paid out for the car, to the point at which my insurer was going to have to take them to court isn’t reasonable
Sorry, I thought you were waiting to get it repaired, it wasn’t clear from your comment. I consider this acting reasonably by making sure the claim was as small as possible, likewise I never tried to load the claim with injuries which plenty of others would have done.
To then delay reimbursing my insurer for months after they had paid out for the car, to the point at which my insurer was going to have to take them to court isn’t reasonable
mgv8 said:
Can the company come after you if your insurer is not paying up?
Yes and no.If your insurer doesn't pay up (either because they're disputing liability, or the size of the claim, or they're just being a bit slow) then the only way the third party can force them to pay is to take court action. And any court action will have to be taken against you personally - if you're the one who caused the accident then ultimately you are the person liable for it. The third party can't sue your insurance company directly unless he's claiming that your insurance company damaged his car. Instead he sues you, and you ask your insurer to deal with the claim on your behalf, as they agreed to do when you took out the policy. In the event of a judgement being obtained against you, your insurer has to satisfy that judgement, so while on paper it's you being sued, in practice it's still your insurer that defends the claim, and ends up paying if you lose.
I believe that in the dim and distant past there was a theoretical risk that if your insurer went bust you could end up personally liable... but now the FSCS covers the liabilities of bankrupt insurance companies, so even then you wouldn't have to pay yourself.
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