Claim going to small court - question

Claim going to small court - question

Author
Discussion

29Giggles

Original Poster:

3 posts

74 months

Sunday 20th May 2018
quotequote all
Hello,

I was involved in an incident last summer and both myself and the other driver think the other person is at fault. I claimed through my own insurance as not at fault and received my pay out minus 10% for it being a CAT D and my excess about a month or so afterwards. The other person has claimed against me, and this process resulted in both our insurers passing it on to their solicitors which has eventually lead to a small court date being issued.

What I'd like to know is if anyone has any experience in this area, if I was to be found at fault would I have to pay the damages myself or would the insurer be required to cover these costs? I ask this because when I initially received a letter about this there was a section for my defence, which I passed on to the solicitors, but if I claimed liability it required me to list my bills, debts, etc to come to an agreement for the repayment. I always assumed the insurer would be responsible for covering the damages of the other motorist if I was found at fault, and as I've already received my payout minus the excess I shouldn't have anything to pay.

My second question is if the case is found to be 50-50, which given its my word against the other person as we have no witnesses or dash cam footage, how many years no claims would I be likely to lose

anonymous-user

53 months

Sunday 20th May 2018
quotequote all
What does your insurer say?

J2daG1990

1,181 posts

125 months

Friday 25th May 2018
quotequote all
29Giggles said:
Hello,

I was involved in an incident last summer and both myself and the other driver think the other person is at fault. I claimed through my own insurance as not at fault and received my pay out minus 10% for it being a CAT D and my excess about a month or so afterwards. The other person has claimed against me, and this process resulted in both our insurers passing it on to their solicitors which has eventually lead to a small court date being issued.

What I'd like to know is if anyone has any experience in this area, if I was to be found at fault would I have to pay the damages myself or would the insurer be required to cover these costs? I ask this because when I initially received a letter about this there was a section for my defence, which I passed on to the solicitors, but if I claimed liability it required me to list my bills, debts, etc to come to an agreement for the repayment. I always assumed the insurer would be responsible for covering the damages of the other motorist if I was found at fault, and as I've already received my payout minus the excess I shouldn't have anything to pay.

My second question is if the case is found to be 50-50, which given its my word against the other person as we have no witnesses or dash cam footage, how many years no claims would I be likely to lose
No money should be coming out of your own pocket, that's what insurance is for. Was the defense letter from the other party's insurance firm? If so, you should have just asked them to deal directly with your insurer.

If both parties are disputing it and it comes out at 50/50 then you'll lose all of your no claims (unless it's protected).

If no witnesses, dashcam footage, etc. then chances are it will result in 50/50 unless the description of the crash and damage is obviously pointing to someone being guilty (ie, crashing into the back of someone).

Sheepshanks

32,530 posts

118 months

Friday 25th May 2018
quotequote all
29Giggles said:
My second question is if the case is found to be 50-50, which given its my word against the other person as we have no witnesses or dash cam footage, how many years no claims would I be likely to lose
Normally you lose 2yrs no claims discount. Based on your original post, I'd be amazed if you haven't already lost that. Doesn't matter what you, or even your insurer, think about fault, if they can't recover from the other parties insurer then you lose NCD.

It seems unlikely the other party's insurer has admitted liability, otherwise they wouldn't be going to court.

ChocolateFrog

24,852 posts

172 months

Friday 25th May 2018
quotequote all
The only time it's happened to me the other side folded the day before the court date.

herewego

8,814 posts

212 months

Saturday 26th May 2018
quotequote all
Sheepshanks said:
29Giggles said:
My second question is if the case is found to be 50-50, which given its my word against the other person as we have no witnesses or dash cam footage, how many years no claims would I be likely to lose
Normally you lose 2yrs no claims discount. Based on your original post, I'd be amazed if you haven't already lost that. Doesn't matter what you, or even your insurer, think about fault, if they can't recover from the other parties insurer then you lose NCD.

It seems unlikely the other party's insurer has admitted liability, otherwise they wouldn't be going to court.
Although the OP says he got his excess back, which can only have been paid by the other party after agreeing liability, so it's a bit confusing.

Sheepshanks

32,530 posts

118 months

Saturday 26th May 2018
quotequote all
herewego said:
Although the OP says he got his excess back, which can only have been paid by the other party after agreeing liability, so it's a bit confusing.
It is a little confusing but my reading of it is he says twice that the payment was less/minus his excess.

anonymous-user

53 months

Saturday 26th May 2018
quotequote all
J2daG1990 said:
29Giggles said:
Hello,

I was involved in an incident last summer and both myself and the other driver think the other person is at fault. I claimed through my own insurance as not at fault and received my pay out minus 10% for it being a CAT D and my excess about a month or so afterwards. The other person has claimed against me, and this process resulted in both our insurers passing it on to their solicitors which has eventually lead to a small court date being issued.

What I'd like to know is if anyone has any experience in this area, if I was to be found at fault would I have to pay the damages myself or would the insurer be required to cover these costs? I ask this because when I initially received a letter about this there was a section for my defence, which I passed on to the solicitors, but if I claimed liability it required me to list my bills, debts, etc to come to an agreement for the repayment. I always assumed the insurer would be responsible for covering the damages of the other motorist if I was found at fault, and as I've already received my payout minus the excess I shouldn't have anything to pay.

My second question is if the case is found to be 50-50, which given its my word against the other person as we have no witnesses or dash cam footage, how many years no claims would I be likely to lose
No money should be coming out of your own pocket, that's what insurance is for. Was the defense letter from the other party's insurance firm? If so, you should have just asked them to deal directly with your insurer.

If both parties are disputing it and it comes out at 50/50 then you'll lose all of your no claims (unless it's protected).

If no witnesses, dashcam footage, etc. then chances are it will result in 50/50 unless the description of the crash and damage is obviously pointing to someone being guilty (ie, crashing into the back of someone).
The OP is being taken to Court. How can the result be 50/50? He/she either wins or loses surely?

herewego

8,814 posts

212 months

Saturday 26th May 2018
quotequote all
Sheepshanks said:
herewego said:
Although the OP says he got his excess back, which can only have been paid by the other party after agreeing liability, so it's a bit confusing.
It is a little confusing but my reading of it is he says twice that the payment was less/minus his excess.
Oh I think I misread it. He got a payout minus 10% of value and minus his excess. Sorry.