My insurer hasn't paid 3rd party
Discussion
Hi PH,
Around a year ago I hit a car in a car park. Totally my fault and admitted liability.
My vehicle was repaired as was the 3rd party. The insurer closed the claim and this was logged as a fault against my name. I thought nothing more of this.
Fast forward to today and I have received a letter from a solicitor instructed by the 3rd party's insurer. Supposedly my insurance company have not paid them and now they are coming after me for payment.
Where do I stand with this? I assume that as I was insured I am not liable?
Please help!
FWIW I didn't renew with them - hopefully this doesn't complicate things.
Around a year ago I hit a car in a car park. Totally my fault and admitted liability.
My vehicle was repaired as was the 3rd party. The insurer closed the claim and this was logged as a fault against my name. I thought nothing more of this.
Fast forward to today and I have received a letter from a solicitor instructed by the 3rd party's insurer. Supposedly my insurance company have not paid them and now they are coming after me for payment.
Where do I stand with this? I assume that as I was insured I am not liable?
Please help!
FWIW I didn't renew with them - hopefully this doesn't complicate things.
Thanks for the replies so far.
Not sure I want to jump going for a solicitor so soon.
My assumption is that the insurer (they make people happy...) has simply forgotten to pay the 3rd party?
I'll obviously call them in the morning but has anyone seen similar?
It's a simple car park graze, 3rd party is only claiming for vehicle repairs and not crazy ambulance chasing hire cars involved.
Hoping it's just an admin error!
Not sure I want to jump going for a solicitor so soon.
My assumption is that the insurer (they make people happy...) has simply forgotten to pay the 3rd party?
I'll obviously call them in the morning but has anyone seen similar?
It's a simple car park graze, 3rd party is only claiming for vehicle repairs and not crazy ambulance chasing hire cars involved.
Hoping it's just an admin error!
desolate said:
b
ks.
Get in touch with your insurer and tell them about the letter and make sure they deal with it.
Terrible advice.ks.Get in touch with your insurer and tell them about the letter and make sure they deal with it.
Absolutely will not help the OP.
It’s been a year or so since the claim was closed, so phoning the insurer and asking them to “please kindly sort this out” and pay the 3rd party £X will not work.
The 3rd party has now taken legal action against the OP, presumably after failing to receive payment from the insurer.
It is now the OP’s responsibility to respond to the 3rd party’s solicitor.
Technically the OP could respond themselves but I would suggest using a solicitor to represent them.
They’ve contacted me because my insurers have failed to pay out.
I paid my excess for the claim and as far as I was concerned the matter dealt with!
Guessing this letter is to get me to apply some pressure to my insurer. I have 21 days before they supposedly start legal proceedings against me.
The 3rd party insurer instructed solicitor reccomends I contact my motor insurer in the lovely letter they have sent me!
I paid my excess for the claim and as far as I was concerned the matter dealt with!
Guessing this letter is to get me to apply some pressure to my insurer. I have 21 days before they supposedly start legal proceedings against me.
The 3rd party insurer instructed solicitor reccomends I contact my motor insurer in the lovely letter they have sent me!
roadsmash said:
Terrible advice.
Absolutely will not help the OP.
It’s been a year or so since the claim was closed, so phoning the insurer and asking them to “please kindly sort this out” and pay the 3rd party £X will not work.
The 3rd party has now taken legal action against the OP, presumably after failing to receive payment from the insurer.
It is now the OP’s responsibility to respond to the 3rd party’s solicitor.
Technically the OP could respond themselves but I would suggest using a solicitor to represent them.
You are talking out of your arse.Absolutely will not help the OP.
It’s been a year or so since the claim was closed, so phoning the insurer and asking them to “please kindly sort this out” and pay the 3rd party £X will not work.
The 3rd party has now taken legal action against the OP, presumably after failing to receive payment from the insurer.
It is now the OP’s responsibility to respond to the 3rd party’s solicitor.
Technically the OP could respond themselves but I would suggest using a solicitor to represent them.
iceyfuel said:
Desolate thank you for your reply. Could you elaborate more on why you think the advice from Roadsmash isn’t great?
I want to understand whether I need to get on the defensive here or simply chase up my insurer?
I have worked in insurance since 1994.I want to understand whether I need to get on the defensive here or simply chase up my insurer?
Roadsmash is talking rubbish - either by design as wind up or through ignorance.
iceyfuel said:
Desolate thank you for your reply. Could you elaborate more on why you think the advice from Roadsmash isn’t great?
I want to understand whether I need to get on the defensive here or simply chase up my insurer?
In the event that your insurer doesn't pay the third party what he wants, as quickly as he wants it (either because they're arguing about the amount being claimed, or because the overworked claims department is just being slow) the only way he has of forcing the issue is through court action. I want to understand whether I need to get on the defensive here or simply chase up my insurer?
Now, if he does take court action it will have to be against you - you're the one who caused the accident so ultimately the liability is yours. He can't sue your insurer directly because nobody is claiming that your insurer damaged his car. Instead, you have to ask your insurer to deal with the claim on your behalf, in accordance with the terms of your policy.
It's unlikely that it will actually get as far as court, but if it does your insurers will deal with it - it's what you pay them for. And if you do end up being ordered to pay by a court, it will still be them who end up putting their hands in their pockets.
Contact your insurer (the one you were with at the time of the accident) asap and let them know you've received this letter, then take it from their response. Don't go looking for a solicitor, and certainly don't try to reply or otherwise deal with it yourself. The same applies if you end up getting actual court papers in the post.
desolate said:
iceyfuel said:
Desolate thank you for your reply. Could you elaborate more on why you think the advice from Roadsmash isn’t great?
I want to understand whether I need to get on the defensive here or simply chase up my insurer?
I have worked in insurance since 1994.I want to understand whether I need to get on the defensive here or simply chase up my insurer?
Roadsmash is talking rubbish - either by design as wind up or through ignorance.
Speak to your insurer, there will be a reason why they haven’t paid.
FYI although you have insurance you are still the negligent party so the third party representatives can contact you directly.
It’s just typically they will deal with the insurer and sometimes write to the insurers client as a pressure tactic.
Former Defendant RTA solicitor here and I’m with Desolate and Zollar.
There could be many reasons why your old insurer haven’t paid the Third Party out. Do you know what heads of damage are being claimed? Maybe it’s credit hire and the parties simply can’t agree a figure which is mutually acceptable in which case the third party will seek to issue Court proceedings as a final resolution. Aleternatively it could be a claim for personal injury which is difficult to value.
Look at it logically. Your insurers have previously settled certain heads of damage which means that they have accepted liability and there were no issues regarding your third party coverage ie they accept that you were at fault and they accept that they should pay out.
Regardless as to whether they have closed their file or not, they are still on cover at the time of the accident. The third party have up to three years to issue proceedings for a claim for PI or up to six years to issue a claim for special damages ie financial losses such as hire, vehicle damage, loss of earnings etc etc.
The third party haven’t done anything wrong by writing directly to you. It was you who was negligent at the time of the accident so first contact should be made with you. In the same vein if they issue Court proceedings, you will be the named Defendant rather than your insurer and the proceedings will be served on you unless your insurer nominate solicitors to accept service.
Going forwards, you need to contact the insurer who covered you at the time of the accident. Tell them about the letter received from the third party solicitors. Forward it to them and as a courtesy tell the third party solicitors what you’re doing. Get confirmation in writing that your insurers will deal with the outstanding heads of claim and if it comes to it, get them to confirm that they have or will instruct solicitors to act on your behalf. This is all part of their duty to you as your insurer at the time of the accident.
Any more issues, post on here.
Don’t let it ruin your day and don’t worry about it too much.
There could be many reasons why your old insurer haven’t paid the Third Party out. Do you know what heads of damage are being claimed? Maybe it’s credit hire and the parties simply can’t agree a figure which is mutually acceptable in which case the third party will seek to issue Court proceedings as a final resolution. Aleternatively it could be a claim for personal injury which is difficult to value.
Look at it logically. Your insurers have previously settled certain heads of damage which means that they have accepted liability and there were no issues regarding your third party coverage ie they accept that you were at fault and they accept that they should pay out.
Regardless as to whether they have closed their file or not, they are still on cover at the time of the accident. The third party have up to three years to issue proceedings for a claim for PI or up to six years to issue a claim for special damages ie financial losses such as hire, vehicle damage, loss of earnings etc etc.
The third party haven’t done anything wrong by writing directly to you. It was you who was negligent at the time of the accident so first contact should be made with you. In the same vein if they issue Court proceedings, you will be the named Defendant rather than your insurer and the proceedings will be served on you unless your insurer nominate solicitors to accept service.
Going forwards, you need to contact the insurer who covered you at the time of the accident. Tell them about the letter received from the third party solicitors. Forward it to them and as a courtesy tell the third party solicitors what you’re doing. Get confirmation in writing that your insurers will deal with the outstanding heads of claim and if it comes to it, get them to confirm that they have or will instruct solicitors to act on your behalf. This is all part of their duty to you as your insurer at the time of the accident.
Any more issues, post on here.
Don’t let it ruin your day and don’t worry about it too much.
desolate said:
roadsmash said:
Terrible advice.
Absolutely will not help the OP.
It’s been a year or so since the claim was closed, so phoning the insurer and asking them to “please kindly sort this out” and pay the 3rd party £X will not work.
The 3rd party has now taken legal action against the OP, presumably after failing to receive payment from the insurer.
It is now the OP’s responsibility to respond to the 3rd party’s solicitor.
Technically the OP could respond themselves but I would suggest using a solicitor to represent them.
You are talking out of your arse.Absolutely will not help the OP.
It’s been a year or so since the claim was closed, so phoning the insurer and asking them to “please kindly sort this out” and pay the 3rd party £X will not work.
The 3rd party has now taken legal action against the OP, presumably after failing to receive payment from the insurer.
It is now the OP’s responsibility to respond to the 3rd party’s solicitor.
Technically the OP could respond themselves but I would suggest using a solicitor to represent them.
OP needs to forward the TP sols letter to his insurer at the date of loss.
Don't worry OP, these letter are sent on perhaps 25-33% of fault claims. The TPI are just pressuring you to contact your insurer so that their outlay can be resolved.
OP, listen to everyone else (bar roadsmash)...
Had a not so different situation many years ago. Had a 2 vehicle accident (not my fault but the other party did a runner), insurance sorted me out and I thought that was the end of the matter. About 6 months down the line the local council sent me a letter claiming £500 for repairs to some railings which had been damaged - I forwarded the letter to my (now ex) insurer who dealt with it all.
Had a not so different situation many years ago. Had a 2 vehicle accident (not my fault but the other party did a runner), insurance sorted me out and I thought that was the end of the matter. About 6 months down the line the local council sent me a letter claiming £500 for repairs to some railings which had been damaged - I forwarded the letter to my (now ex) insurer who dealt with it all.
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