Help With a Claim against

aaronoxf

Hi all, was wondering if I could get some advice from your clever knowledgeable selves. One and a bit years ago my girlfriend had (what I would say) a minor crash with another car, her car was write off due to it being old, we didnt agrue this, everything went through the insurance company, new car, other car fixed etc etc, every one seemed very happy. Now the other day, poss friday we received a letter through the post from our next door neighbours (wrong address on letter) stating that the person she had an accident with is now putting in a clame against her for back pain, whiplash, blah blah the usual. Now im not saying hes putting it on, but you know what im saying.

I'm not asking for advice whether hes right or wrong, but basically what do we do? shes really upset by this and doesn't think she had legal fees included on her policy, what happens do you know? When she had the crash, the guy she crashed into her got out of the car and asked if she was aright and if she needed any help? the guy phoned the police and was asked if anyone needed an ambulance, everyone said no and the police then refused to come out.

What is our next step? sit and wait etc? how much do legal fees normally cost and would this come out of my OHs pocket? (she is on minimum wage and quite poor) Even though it is one year ago I have looked into it and apparently it goes back to the insurer she was with at the time, is this correct? also on the letter we have it seems to be riddled with mistakes, it is firstly addressed to the wrong house, secondly the wrong person, dear sir instead of dear madam and lastly (from what I can see) they seem to have the insurance wrong, she was with Halifax, but they think it was Esure (glasgow) (is this an under writer?) I know these things are minimal but slightly annoying, they got the details of the crash right, which I assume is all that counts.

Im slightly annoyed by the greed of certain people, shes really upset at the moment and some positive answers or advice or even some foresight on what might happened will, im sure cheer her up a little.

Any help would be appreciated.

Thanks

vaio

just pass it on to your insurance company, they'll deal with it and it shouldn't cost you anything

aaronoxf

vaio wrote: »

just pass it on to your insurance company, they'll deal with it and it shouldn't cost you anything

Thanks for that reply, a simple one line message has already cheered her up slightly. What about legal costs? this was not included on her policy. does this matter?

ahillsy

Sorry to hear that. Unfortunately some people are greedy and would put in a claim for being looked at if they could. People like this put costs up for everyone as premiums have to be hiked to pay for all these claims.

Maybe it's just me, but I find it a bit odd that they've (tried) writing to your girlfriend directly and left it so long after the incident. If it was me making a claim like this, I wouldn't contact the person directly so don't understand why they've done that. It's almost as if they are just trying it on, hoping for some money from her directly without actually making a claim. But I don't know how the letter reads.

I would have thought they wouldn't have much chance of making a claim now - if they were injured, surely they would have seen a Dr at the time and it all come to light back then. So, leaving it this long, how is anyone to prove any injuries they claim to have, are actually as a result of the accident?

If it was me, I'd probably phone my insurance company and speak to them. Try not to worry too much about it - though I know that's easier said than done.

vaio

aaronoxf wrote: »

Thanks for that reply, a simple one line message has already cheered her up slightly. What about legal costs? this was not included on her policy. does this matter?

your insurance company will deal with it all including any legal costs. Don't respond yourselves, just pass it on to the insurance company.

Injury claims can be made up to three years after the event and in fact if I had a soft tissue injury I’d delay a claim until it had healed, that way you know the full extent of it.

On the other hand it could be they are chancing their arm having been recruited by one of the ambulance chasers.

Either way, it nothing for you to worry about, just pass it all to your insurance company

aaronoxf

ahillsy wrote: »

Sorry to hear that. Unfortunately some people are greedy and would put in a claim for being looked at if they could. People like this put costs up for everyone as premiums have to be hiked to pay for all these claims.

Maybe it's just me, but I find it a bit odd that they've (tried) writing to your girlfriend directly and left it so long after the incident. If it was me making a claim like this, I wouldn't contact the person directly so don't understand why they've done that. It's almost as if they are just trying it on, hoping for some money from her directly without actually making a claim. But I don't know how the letter reads.

I would have thought they wouldn't have much chance of making a claim now - if they were injured, surely they would have seen a Dr at the time and it all come to light back then. So, leaving it this long, how is anyone to prove any injuries they claim to have, are actually as a result of the accident?

If it was me, I'd probably phone my insurance company and speak to them. Try not to worry too much about it - though I know that's easier said than done.

Thank you all for your reply, I prob didn't explain myself properly, the claim has come via a solicitor, looks like a no win no fee type. I still take on board your advice and I thank you for that.

As for the legal cost are you sure OH wont have to pay anything as we still don't think legal cover was on the policy? If not then what does this cover?

Quentin

There will be no costs to pay at all. As previously advised all you need to do is pass this and any further correspondence you get unanswered on to the insurer you had cover with at the time of the incident.

So called "legal cover" (really uninsured loss recovery) usually only covers you if you are involved in an accident that is not your fault. Then you can use it to get back any uninsured losses from the third party.

aaronoxf

Quentin wrote: »

There will be no costs to pay at all. As previously advised all you need to do is pas this and any further correspondence you get unanswered on to the insurer you had cover with at the time of the incident.

So called "legal cover" (really uninsured loss recovery) usually only covers you if you are involved in an accident that is not your fault. Then you can use it to get back any uninsured losses from the third party.

Thank you very much again, my OH will call them as soon as she gets in later, now......I am off to work till 4am, wish me luck!

aaronoxf

Thanks for all your reply, she phoned them today and its all in there hands now