Claim going to small court - question
Discussion
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
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
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.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
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).
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.
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.
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.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
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 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.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff