Third party insurance claim, what should I do
Third party insurance claim, what should I do
Author
Discussion

largelunchbox

Original Poster:

610 posts

231 months

Monday 11th March 2019
quotequote all
I’ll be brief, 3rd party made a claim against me in July last year stating that I reversed into there parked car. I have no knowledge of this at all and when my insurance company contacted me I denied everything and asked to see any photo or video evidence which didn’t surface. Then nothing for months until now, 3rd party sent letter asking for payment in full for the damage to me direct as my insurance is not doing anything about it. Stating payment in full within 14 days or they will instruct solicitor to recover costs. Do they have any legs to stand on or should I ignore it?

surveyor

18,691 posts

214 months

Monday 11th March 2019
quotequote all
pass it to your insurer. Ignore it if you want to be sued.

martinbiz

3,699 posts

175 months

Monday 11th March 2019
quotequote all
surveyor said:
pass it to your insurer. Ignore it if you want to be sued.
Why? OP have you actually spoken to your insurance co about the latest correspondence? Personally as they apper to have rejected the 3rd parties claim previously I would be inclined to do the same.Sounds like a chancer trying his luck to me.

anonymous-user

84 months

Monday 11th March 2019
quotequote all
martinbiz said:
surveyor said:
pass it to your insurer. Ignore it if you want to be sued.
Why? OP have you actually spoken to your insurance co about the latest correspondence? Personally as they apper to have rejected the 3rd parties claim previously I would be inclined to do the same.Sounds like a chancer trying his luck to me.
Because they are the ones dealing with all the legal aspects of the claim. Getting personally involved in situations like this is not a good idea, the insurers are paid to deal with this and their legal team are the appropriate people to deal with any any all correspondence from the people claiming against the OP.

TwigtheWonderkid

49,082 posts

180 months

Monday 11th March 2019
quotequote all
charltjr said:
martinbiz said:
surveyor said:
pass it to your insurer. Ignore it if you want to be sued.
Why? OP have you actually spoken to your insurance co about the latest correspondence? Personally as they apper to have rejected the 3rd parties claim previously I would be inclined to do the same.Sounds like a chancer trying his luck to me.
Because they are the ones dealing with all the legal aspects of the claim. Getting personally involved in situations like this is not a good idea, the insurers are paid to deal with this and their legal team are the appropriate people to deal with any any all correspondence from the people claiming against the OP.
Spot on. Don't answer it, just send on to your insurers, but tell your insurers you are willing to attend court if required.

KungFuPanda

4,640 posts

200 months

Monday 11th March 2019
quotequote all
martinbiz said:
surveyor said:
pass it to your insurer. Ignore it if you want to be sued.
Why? OP have you actually spoken to your insurance co about the latest correspondence? Personally as they apper to have rejected the 3rd parties claim previously I would be inclined to do the same.Sounds like a chancer trying his luck to me.
What do you suggest the OP does if the third party issues Court proceedings? Just because the insurer says they won't payout doesn't mean that a Court can't over rule them with a judgment against the OP.

Forward everything onto your insurers. If the third party are adamant, they will issue Court proceedings too. Forward them onto your insurers if they get served on you. Ultimately, you might have to attend Court to provide your witness evidence at a final trial.

martinbiz

3,699 posts

175 months

Wednesday 13th March 2019
quotequote all
KungFuPanda said:
What do you suggest the OP does if the third party issues Court proceedings? .
Defend it! Why oh why does everyone on here want to make life so complicated, has anyone on here actually been to or defended a small claim in court, the OP's ins co seem to have accepted that there is no validity in the 3rd party's claim. They / he have quite reasonably asked for evidence of this alleged incident which has not been forthcoming, so do you really think the claimant will get anywhere with a claim that "some bloke hit my car, can I have 500 quid please" without anything to support it, as I said before, a chancer, ignore him and let him waste his money if he so chooses which I doubt he will.

KungFuPanda

4,640 posts

200 months

Wednesday 13th March 2019
quotequote all
martinbiz said:
KungFuPanda said:
What do you suggest the OP does if the third party issues Court proceedings? .
Defend it! Why oh why does everyone on here want to make life so complicated, has anyone on here actually been to or defended a small claim in court, the OP's ins co seem to have accepted that there is no validity in the 3rd party's claim. They / he have quite reasonably asked for evidence of this alleged incident which has not been forthcoming, so do you really think the claimant will get anywhere with a claim that "some bloke hit my car, can I have 500 quid please" without anything to support it, as I said before, a chancer, ignore him and let him waste his money if he so chooses which I doubt he will.
Why would the OP defend it himself and go to all the stress and hassle of liaising directly with the Court and Third Party if his insurers will do it for him?

You’re the one that’s making everything complicated.

The insurers will have their own panel solicitors that will act in behalf of the OP and defend the claim on his behalf under the terms of the insurance policy.

Do you think the average layman will be au fait with filing an Acknowledgement of Service/Defence/Allocation Questionnaire/List of Documents/Witness Statement?

Why do something yourself that your insurer is under a duty to do for you.

surveyor

18,691 posts

214 months

Wednesday 13th March 2019
quotequote all
KungFuPanda said:
Why would the OP defend it himself and go to all the stress and hassle of liaising directly with the Court and Third Party if his insurers will do it for him?

You’re the one that’s making everything complicated.

The insurers will have their own panel solicitors that will act in behalf of the OP and defend the claim on his behalf under the terms of the insurance policy.

Do you think the average layman will be au fait with filing an Acknowledgement of Service/Defence/Allocation Questionnaire/List of Documents/Witness Statement?

Why do something yourself that your insurer is under a duty to do for you.
I suspect there may be a condition that defending these claims is left to the insurer also.

TwigtheWonderkid

49,082 posts

180 months

Wednesday 13th March 2019
quotequote all
martinbiz said:
KungFuPanda said:
What do you suggest the OP does if the third party issues Court proceedings? .
Defend it! Why oh why does everyone on here want to make life so complicated, has anyone on here actually been to or defended a small claim in court, the OP's ins co seem to have accepted that there is no validity in the 3rd party's claim. They / he have quite reasonably asked for evidence of this alleged incident which has not been forthcoming, so do you really think the claimant will get anywhere with a claim that "some bloke hit my car, can I have 500 quid please" without anything to support it, as I said before, a chancer, ignore him and let him waste his money if he so chooses which I doubt he will.
You think he'll win. So do his insurers. If he goes with his insurers and he loses, they will pay the tp bill. If he goes it alone and loses, will you pay the tp bill? Will you fk. You are very brave when it comes to gambling with other people's money

Mr Tidy

31,505 posts

157 months

Friday 15th March 2019
quotequote all
TwigtheWonderkid said:
charltjr said:
martinbiz said:
surveyor said:
pass it to your insurer. Ignore it if you want to be sued.
Why? OP have you actually spoken to your insurance co about the latest correspondence? Personally as they apper to have rejected the 3rd parties claim previously I would be inclined to do the same.Sounds like a chancer trying his luck to me.
Because they are the ones dealing with all the legal aspects of the claim. Getting personally involved in situations like this is not a good idea, the insurers are paid to deal with this and their legal team are the appropriate people to deal with any any all correspondence from the people claiming against the OP.
Spot on. Don't answer it, just send on to your insurers, but tell your insurers you are willing to attend court if required.
Exactly, just be aware that if the third party does commence proceedings you will get the summons - so if you do get one tell your insurer and pass it on to them pronto.

If things get that far you may need to attend court because you are a witness as you were present when what allegedly happened did or didn't happen - your insurer can't stand in for you for that!