Liability for cost, my ins co. doing nothing to settle claim
Discussion
Looking for some guidance here, before I ring my car ins co on Monday.
My partner has received today a court letter from a 3rd party's insurance legal team, to settle an outstanding amount for a minor bump in my car.
Two and a half years ago, she had knocked into the rear of the car in front whilst in slow/stop/start traffic.
I informed my ins co and they said it would be admitting liability due to the circumstances. I gave them the details of the 3rd party etc.
We heard nothing more, then after a year a letter came through from the 3rd party ins. stating that, as they haven't heard back from my ins, they would be pursuing her for the amount. I contacted my ins company, who said not to worry, they would deal with it.
About a year after that, again with no more contact from anyone, another letter came through. This time from the 3rd party's ins company legal team. Stating that they wanted payment and would pursue through the court if needed.
I again called my ins and informed them of the letter. They said that they hadn't heard anything from anyone on the 3rd party's side about this claim at all. I gave them the details on the letter from the legal team and they would deal with it.
Again nothing more was heard, then today a court claim form has come through with my partner as a defendant, pursuing the amount for repairs and insured hire, plus fees and interest. with the 3rd party as a claimant and the ins co legal team as his legal representative.
Not really sure why she would be a defendant, as my ins co has taken on the liability, risk and for them to process all claims and payments on my behalf and that the 3rd party legal team should approach my ins co for re-imbursement.
What sort of questions should I be asking my insurance company on Monday and what is the best way to deal with the letter, claim form and response pack from the court? I really don't have faith in my ins co anymore. They are oxo but with different vowels.
Thanks
My partner has received today a court letter from a 3rd party's insurance legal team, to settle an outstanding amount for a minor bump in my car.
Two and a half years ago, she had knocked into the rear of the car in front whilst in slow/stop/start traffic.
I informed my ins co and they said it would be admitting liability due to the circumstances. I gave them the details of the 3rd party etc.
We heard nothing more, then after a year a letter came through from the 3rd party ins. stating that, as they haven't heard back from my ins, they would be pursuing her for the amount. I contacted my ins company, who said not to worry, they would deal with it.
About a year after that, again with no more contact from anyone, another letter came through. This time from the 3rd party's ins company legal team. Stating that they wanted payment and would pursue through the court if needed.
I again called my ins and informed them of the letter. They said that they hadn't heard anything from anyone on the 3rd party's side about this claim at all. I gave them the details on the letter from the legal team and they would deal with it.
Again nothing more was heard, then today a court claim form has come through with my partner as a defendant, pursuing the amount for repairs and insured hire, plus fees and interest. with the 3rd party as a claimant and the ins co legal team as his legal representative.
Not really sure why she would be a defendant, as my ins co has taken on the liability, risk and for them to process all claims and payments on my behalf and that the 3rd party legal team should approach my ins co for re-imbursement.
What sort of questions should I be asking my insurance company on Monday and what is the best way to deal with the letter, claim form and response pack from the court? I really don't have faith in my ins co anymore. They are oxo but with different vowels.
Thanks
Your partner is the correct Defendant as it was she that was allegedly negligent. An insurer may agree to cover a financial liability owed by A to B, but the insurer does not thereby become the defendant to a claim by B against A.
Your wife should refer the claim to her insurer and follow the advice given by the insurer. If unhappy with the insurer, ask to implement a complaint under its internal complaint system. What your partner needs in the first instance is a clear assurance from the insurer that it will instruct lawyers to respond to the claim on your partner's behalf.
Your wife should refer the claim to her insurer and follow the advice given by the insurer. If unhappy with the insurer, ask to implement a complaint under its internal complaint system. What your partner needs in the first instance is a clear assurance from the insurer that it will instruct lawyers to respond to the claim on your partner's behalf.
Edited by anonymous-user on Saturday 8th September 16:28
Thanks BV.
I can now see why she is being pursued, as it was her who caused the damage.
I have sent an email to my insurers. It doesn't fill me with confidence that they will act, as they haven't done so up to now. Even after saying they will take care of it of many occasions.
What would be the best was of stopping this action? Although she is at fault, she doesn't want a CCJ against her.
Would it be best to pay the amount to the court, then pursue my insurance company for my outlay?
I can now see why she is being pursued, as it was her who caused the damage.
I have sent an email to my insurers. It doesn't fill me with confidence that they will act, as they haven't done so up to now. Even after saying they will take care of it of many occasions.
What would be the best was of stopping this action? Although she is at fault, she doesn't want a CCJ against her.
Would it be best to pay the amount to the court, then pursue my insurance company for my outlay?
Payment would be made to the claimant not to the court. The insurance policy may and probably will contain terms about the conduct of claims that will not permit the insured to admit the claim or otherwise conduct it without the agreement of the insurer. Chase the insurer to perform its side of the contract. Be firm but polite. If need be you can complain to the Ombudsman.
In the meantime send the following letter to the claimant's representative and the court:-
I acknowledge service of the claim. I have asked my insurer to deal with the claim and hope that you will hear from the insurer soon. As, however, my insurer has not thus far been expeditious in dealing with this matter, I would be grateful if you would agree to a 28 day extension of the time for responding to the claim.
They may say no, but no harm in asking.
I acknowledge service of the claim. I have asked my insurer to deal with the claim and hope that you will hear from the insurer soon. As, however, my insurer has not thus far been expeditious in dealing with this matter, I would be grateful if you would agree to a 28 day extension of the time for responding to the claim.
They may say no, but no harm in asking.
Get on to your insurer and make sure they keep you abreast, assuming the insurer was notified at the time. Way back in 2007 I admitted fault in a knock, everthing done via the insurer, my car repaired and I thought the other party was dealt with. Roll on a year and I open a letter to find a CCJ against me in relation to this claim in some far off court, as no defense submitted. My insurer did then get their act together and had the CCJ set aside, and settled. It seems you have more prior notice but an insurance company that won't deal with it.
After contacting my insurers, it appeared that they had closed the case before it was settled.
They passed the details onto the litigation dept. and they have sent payment to the third party legal dept.
I am waiting for confirmation that they have received payment and have closed the claim. I will have to contact the court directly afterwards to see that no further action is being taken. Due to data protection, my insurers cannot contact the court on my behalf.
As an aside they have offered £125 as a good will gesture, which I have donated to a charity (But don't like to talk about that)
Thanks for the straightforward advice, much appreciated.
They passed the details onto the litigation dept. and they have sent payment to the third party legal dept.
I am waiting for confirmation that they have received payment and have closed the claim. I will have to contact the court directly afterwards to see that no further action is being taken. Due to data protection, my insurers cannot contact the court on my behalf.
As an aside they have offered £125 as a good will gesture, which I have donated to a charity (But don't like to talk about that)
Thanks for the straightforward advice, much appreciated.
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