Insurer hasn't settled claim after 2 years
Insurer hasn't settled claim after 2 years
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juggsy

Original Poster:

1,524 posts

159 months

Tuesday 4th August 2020
quotequote all
Looking for some advice from anyone who has experienced this situation or has a decent understanding of the insurance world.

I was rear-ended 2 years ago, 3rd party was insured and admitted fault straight away. My claim was handled through my insurer (not the 3rd party's) which included repair, hire car whilst mine was off road, and also for injury sustained in the accident. All correspondence indicated 3rd party has admitted liability and I was deemed not at fault.

I received a letter from my insurer today, 2 years on, that:

"As we are yet to recover our outlay/costs from the responsible party or their Insurers, we have now sent them a final chaser. If payment is not received, we will send our file to our choice of legal provider to commence legal proceedings. Should our legal provider be instructed they will review the file and contact you to discuss next steps."

Has anyone been in this situation? What can I expect, what could I potentially be on the hook for, etc? I'm amazed this has come 2 years down the line, I thought this had all been settled.

Thanks in advance for any advice/guidance.

TwigtheWonderkid

49,040 posts

179 months

Tuesday 4th August 2020
quotequote all
You won't be on the hook for anything. But for your insurer to recover their outlay, legal action has to be taken by YOU personally against the third party. Your insurer will arrange legal representation and sort it all for you. All you have to do is sign the papers they ask you to sign and if it comes to it (which it probably won't), attend court to give your version of events.

juggsy

Original Poster:

1,524 posts

159 months

Tuesday 4th August 2020
quotequote all
TwigtheWonderkid said:
You won't be on the hook for anything. But for your insurer to recover their outlay, legal action has to be taken by YOU personally against the third party. Your insurer will arrange legal representation and sort it all for you. All you have to do is sign the papers they ask you to sign and if it comes to it (which it probably won't), attend court to give your version of events.
Thanks for the advice, although I could definitely do without this rearing it’s ugly head after 2 years after thinking it was all done and dusted!

DeWar

906 posts

75 months

Tuesday 4th August 2020
quotequote all
I had clear dashcam footage in glorious full HD that showed a van crossing into my lane to sideswipe me, who then failed to stop. That took the best part of a year to sort out, despite it being totally cut and dried, because the van driver's insurer decided to play silly buggers, pretending they couldn't view the dascham footage, claiming it was an entirely different van etc etc. Funnily enough when court proceedings were initiated they proverbially st the bed and paid up pronto.

I would not be surprised if you find that this is all resolved in your favour before it goes to court.

martinbiz

3,698 posts

174 months

Tuesday 4th August 2020
quotequote all
juggsy said:
Thanks for the advice, although I could definitely do without this rearing it’s ugly head after 2 years after thinking it was all done and dusted!
Sounds like a total miscommunication between 2 companies. Has you insurance risen over the period, have you lost any NCD?

clockworks

7,674 posts

174 months

Tuesday 4th August 2020
quotequote all
Presumably you are still waiting for your excess back?

It's in your interest to do as the insurance company asks, so you can get your excess refunded.

Sheepshanks

40,990 posts

148 months

Tuesday 4th August 2020
quotequote all
DeWar said:
I had clear dashcam footage in glorious full HD that showed a van crossing into my lane to sideswipe me, who then failed to stop. That took the best part of a year to sort out, despite it being totally cut and dried, because the van driver's insurer decided to play silly buggers, pretending they couldn't view the dascham footage, claiming it was an entirely different van etc etc. Funnily enough when court proceedings were initiated they proverbially st the bed and paid up pronto.

I would not be surprised if you find that this is all resolved in your favour before it goes to court.
Perhaps it's a van insurer thing! Daughter's car was rear-ended, in front of Police who were attending the accident he was rubber necking, by an Argos Van. Her insurer dealt with her car (was written off) and the Argos van's insurer refused to even respond for months. Many months later she had to sign some docs about going to Court but never heard any more after that.

juggsy

Original Poster:

1,524 posts

159 months

Tuesday 4th August 2020
quotequote all
DeWar said:
I would not be surprised if you find that this is all resolved in your favour before it goes to court.
The thing is the 3rd party admitted liability and it was a rear ender, I thought it was a cut as dried as any claim could be, I have no idea why the 3rd party insurer hasn’t paid after 2 years (or why I wasn’t informed it haven’t until now). And why it should go to court is another matter entirely if full liability was admitted. Obviously I need to speak to them on that but have to wait until they’re open tomorrow.

martinbiz said:
Sounds like a total miscommunication between 2 companies. Has you insurance risen over the period, have you lost any NCD?
clockworks said:
Presumably you are still waiting for your excess back?

It's in your interest to do as the insurance company asks, so you can get your excess refunded.
The insurer are good in that because it’s non fault and full liability admitted, I haven’t lost any NCD or paid any excess up front.

I haven’t seen a marked increase in premium, think it went up slightly but not by a huge amount.

surveyor

18,690 posts

213 months

Tuesday 4th August 2020
quotequote all
Wonder if there is hire credit involved here....

juggsy

Original Poster:

1,524 posts

159 months

Tuesday 4th August 2020
quotequote all
surveyor said:
Wonder if there is hire credit involved here....
What do you mean?

DaveH23

3,355 posts

199 months

Tuesday 4th August 2020
quotequote all
When you say it was handled with your insurer, was it direct or via a claims management company that they put you in touch with?

Did you have to sign any form of credit agreement about getting a hire/courtesy car?

Sounds like perhaps there was a large bill that the 3rd party is contesting.


Gribs

478 posts

165 months

Tuesday 4th August 2020
quotequote all
juggsy said:
surveyor said:
Wonder if there is hire credit involved here....
What do you mean?
Massively inflated hire car costs would be my guess. The third party has a duty to minimise their costs.

juggsy

Original Poster:

1,524 posts

159 months

Wednesday 5th August 2020
quotequote all
DaveH23 said:
When you say it was handled with your insurer, was it direct or via a claims management company that they put you in touch with?

Did you have to sign any form of credit agreement about getting a hire/courtesy car?

Sounds like perhaps there was a large bill that the 3rd party is contesting.
No claims management company, all handled by my insurer direct, and no credit agreement signed. I was given a hire car as per the terms of my insurance agreement.

juggsy

Original Poster:

1,524 posts

159 months

Wednesday 5th August 2020
quotequote all
Gribs said:
juggsy said:
surveyor said:
Wonder if there is hire credit involved here....
What do you mean?
Massively inflated hire car costs would be my guess. The third party has a duty to minimise their costs.
If that’s the case, what happens if it goes to court? Could I be liable for any costs or it being treated as a non recoverable claim?

Edited by juggsy on Wednesday 5th August 05:53

juggsy

Original Poster:

1,524 posts

159 months

Wednesday 5th August 2020
quotequote all
anonymous said:
[redacted]
It was pretty costly as a lot of the rear end was replaced, and took a couple of months before I was back in my car again.

Drawweight

3,596 posts

145 months

Wednesday 5th August 2020
quotequote all

This seems to happen occasionally.

Would Twig know...is it as simple as the third parties insurance simply forgetting about closing the case and settling the claim?

Or is it more complicated?