Incident insurance & county court
Discussion
Hi
Apologies if this is a little long winded.
I own a van that is fully comprehensively insured and I've been driving for 20 years and is the first road traffic accident I've ever been involved in.
On 03.08.16 I was involved in a minor collision. I moved into the path of a car on my right. At the time I blamed him as I legitimately believed he was in the wrong.
We exchanged details and I called my insurer as soon as I arrived home. My insurer said I needed to call Axa as they were the underwriters.
This all went very smoothly. I paid £400. I was informed that should I be proven liable I'll get back £200 but should the third party be found liable I'll get the full £400 back.
Within a week my van was collected and taken for repair. I was left a courtesy vehicle and a few days later my van was returned looking as good as new.
It had a new front bumper, front wing and one headlight.
I had emailed my version of events to Axa but was informed the third party was not accepting liability.
Move forward to March and I receive a call from a legal firm stating that they are now dealing with the claim and would I be prepared to go to court if need be. I said yes.
Being the sort of person who takes full responsibility for their actions I decided the following weekend to revisit the scene of the accident as it's an unfamiliar area to me.
I concluded that I was indeed at fault so emailed the legal firm with admission of fault.
They responded and said the case would be handed back to Axa.
Today I receive a claim form from Northampton County Court. The third party is claiming a total of £1651.77 for damage arising from the accident.
The claimant is using Irwin Mitchell solicitors.
Surely this is why I pay insurance?
To say I'm annoyed is an understatement.
The third party should surely be settled in full from my insurance company?
What's my next move?
I'll call Axa first thing Monday morning but wanted some advice.
Many thanks
Apologies if this is a little long winded.
I own a van that is fully comprehensively insured and I've been driving for 20 years and is the first road traffic accident I've ever been involved in.
On 03.08.16 I was involved in a minor collision. I moved into the path of a car on my right. At the time I blamed him as I legitimately believed he was in the wrong.
We exchanged details and I called my insurer as soon as I arrived home. My insurer said I needed to call Axa as they were the underwriters.
This all went very smoothly. I paid £400. I was informed that should I be proven liable I'll get back £200 but should the third party be found liable I'll get the full £400 back.
Within a week my van was collected and taken for repair. I was left a courtesy vehicle and a few days later my van was returned looking as good as new.
It had a new front bumper, front wing and one headlight.
I had emailed my version of events to Axa but was informed the third party was not accepting liability.
Move forward to March and I receive a call from a legal firm stating that they are now dealing with the claim and would I be prepared to go to court if need be. I said yes.
Being the sort of person who takes full responsibility for their actions I decided the following weekend to revisit the scene of the accident as it's an unfamiliar area to me.
I concluded that I was indeed at fault so emailed the legal firm with admission of fault.
They responded and said the case would be handed back to Axa.
Today I receive a claim form from Northampton County Court. The third party is claiming a total of £1651.77 for damage arising from the accident.
The claimant is using Irwin Mitchell solicitors.
Surely this is why I pay insurance?
To say I'm annoyed is an understatement.
The third party should surely be settled in full from my insurance company?
What's my next move?
I'll call Axa first thing Monday morning but wanted some advice.
Many thanks
TROOPER88 said:
Move forward to March and I receive a call from a legal firm stating that they are now dealing with the claim and would I be prepared to go to court if need be. I said yes.
Being the sort of person who takes full responsibility for their actions I decided the following weekend to revisit the scene of the accident as it's an unfamiliar area to me.
I concluded that I was indeed at fault so emailed the legal firm with admission of fault.
Your side or theirs?Being the sort of person who takes full responsibility for their actions I decided the following weekend to revisit the scene of the accident as it's an unfamiliar area to me.
I concluded that I was indeed at fault so emailed the legal firm with admission of fault.
Not to worry you but if the claim has been handed over to a 3rd party I think you need to be careful. I remember reading the contract I had with the accident management firm (Auxillis) that handled my claim, in the contract it was outlined that they where taking me on as a non fault claim and that if requested I must be able to supply them with a verbal statement and other available evidence in court to support my claim and allow them to recoup costs or I myself may be liable to a fee.
Luckily for me it was very easy, they took a written statement through the post and pictures I supplied of the damage and settled fully in my favour
Luckily for me it was very easy, they took a written statement through the post and pictures I supplied of the damage and settled fully in my favour
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff