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car insurance - other persons insurer demanding money from me
oh_know
Posts: 92 Forumite
I was involved in an accident last year (Sept 2008).
The fault was in no way mine, although its hard to prove so its probably a 50/50 case.
I did not claim as the damage was minor and my car is not worth too much (so not worth me spending my excess)
I thought that this had all been and gone a long time ago but today I got a letter from the other car drivers insurers (direct line) basically demanding money from me! Can they do this(?) surely this should all be dealt with by the insurance companies i.e. direct line and my insurers ? (I have emailed my insurers swifcover, but am rather upset) - Here is the crux of the letter I got::
From direct line:
Total outlay £1,026.4
Excess £325
Proceedings will be issued if payment is not received within 14 days of the date of this letter
Its unfortunate to contact you directly
Despite corresponding with your insurance company requesting reimbursement of the cost of our claim we have not received payment
We have now informed your insurers that if payment is not received within 14 days it is our intention to pass the file to our nominated solicitors as we are holding you responsible for this accident.
These proceedings will be issued in your name at the above address
We strongly suggest you contact your insurers to resolve the delay of our claim if litigation is to be avoided
If you have any queries
[FONT="]Contact on[/FONT]
What do you think is going to happen - There is no way I intend paying out anything for an accident that was no fault of my own (even if its called a 50/50), please comment as I am concerned !
The fault was in no way mine, although its hard to prove so its probably a 50/50 case.
I did not claim as the damage was minor and my car is not worth too much (so not worth me spending my excess)
I thought that this had all been and gone a long time ago but today I got a letter from the other car drivers insurers (direct line) basically demanding money from me! Can they do this(?) surely this should all be dealt with by the insurance companies i.e. direct line and my insurers ? (I have emailed my insurers swifcover, but am rather upset) - Here is the crux of the letter I got::
From direct line:
Total outlay £1,026.4
Excess £325
Proceedings will be issued if payment is not received within 14 days of the date of this letter
Its unfortunate to contact you directly
Despite corresponding with your insurance company requesting reimbursement of the cost of our claim we have not received payment
We have now informed your insurers that if payment is not received within 14 days it is our intention to pass the file to our nominated solicitors as we are holding you responsible for this accident.
These proceedings will be issued in your name at the above address
We strongly suggest you contact your insurers to resolve the delay of our claim if litigation is to be avoided
If you have any queries
[FONT="]Contact on[/FONT]
What do you think is going to happen - There is no way I intend paying out anything for an accident that was no fault of my own (even if its called a 50/50), please comment as I am concerned !
0
Comments
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Nothing - pass everything on to your insurers - it's between the insurance companies and not you.
The same thing is happeneing to my mother at the moment, she had a crash last December which was settled in full in January - then the other party instructed an 'ambulance chaser' to recover extortionate amounts of uninsured losses - my mum got similar letters threatening all sorts.
Just pass on all correspondence like I told her to - her insurance company didn't agree with the other party's claims so are letting it go to court! But they have assured my mum it won't affect her, whatever the outcome.:j Almost 2 stones gone! :j
:heart2: RIP Clio 1.9.93 - 7.4.10 :heart2:
I WILL be tidy, I WILL be tidy! 0 -
Yep thats what I was hoping to hear, I mean whats the worse case scenario, surely all I should ever have to pay would be my own insurance excess ?
It all seems to happen at once, got so much going on right now that its really stressing me out !0 -
You are liable for the incident as you were the driver. Your insurers, if instructed to do so, will naturally cover your liability for you. Yes it will be dealt with insurer to insurer but first you must tell your insurers and secondly either you or your insurers tell the third party's insurers the details of your insurance company and their claim reference number. Until you do this they will continue to pursue you directlyAll posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
No Advertising or Links in Signatures by Site Rules - MSE Forum Team 20 -
Swiftcover have a reputation for poor service and losing correspondence / not replying to emails. I strongly recommend you photocopy any documents you send them and send the documents by recorded delivery0
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Personally, I'd take a different line. If you still have the car, get a repair estimate, send it to Direct Line and tell them that you are holding their insured responsible and tell them why. If they think that the case isn't clear cut, I doubt they'd sue over £1000.0
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