Contacted by other driver's insurance company

corbyboy

I was involved in a crash about 5 months ago and my insurance company (1st Central) are being extremely slow about getting it sorted out (I have made a few posts relating to the incident if you search back through my old topics).

Blame was disputed at the time and it was taking weeks for 1st Central to actually do anything.

I raised a formal complaint and they told me they [STRIKE]had lost[/STRIKE] hadn't received my account and that of the witness even through they were sent on different days by different people. So we have to send them again (really don't know if the witness is going to bother writing his statement out again).

But today I received a letter from Tesco Insurance (the other driver's insurer) saying that they can't get any response from my insurer and if I don't pay up £1400 in 14 days they will start legal action.

I suspect that Tesco are just fishing here because they are getting frustrated, but I want to be certain. Do they have any claim against me personally because my insurer won't respond to their requests?

I suspect the advice will be to just send the letter to 1st Central. But what's the point? I assume Tesco will have written some strongly worded letters to them too and they have ignored them.

Any advice?

Quentin

corbyboy wrote: »

I suspect the advice will be to just send the letter to 1st Central. But what's the point?

This is the only thing you can do.

Pass on the letter unanswered to your insurer (use recorded delivery), then try and get to speak to a manager to get this sorted.

Should they carry out their threat and you get a summons for the debt, then take the same action.

corbyboy

Quentin wrote: »

This is the only thing you can do.

Pass on the letter unanswered to your insurer (use recorded delivery), then try and get to speak to a manager to get this sorted.

Should they carry out their threat and you get a summons for the debt, then take the same action.

When you say take the same action do you mean against the other driver's insurer? How would I go about that?

foggytown

Actually, Tesco's ONLY action is against you - by right of subrogation. They have no right to make any claim directly against your insurer. OTOH, Worst Centeral does have a duty to defend you against Tesco's claim against you UNLESS Worst Central agrees that you owe the claim and they pay on your behalf. And if they fail in their duty to defend then you have a spiffing case against them for breach of contract, bad faith, and anything else your solicitor can throw against the wall.

corbyboy

foggytown wrote: »

Actually, Tesco's ONLY action is against you - by right of subrogation. They have no right to make any claim directly against your insurer. OTOH, Worst Centeral does have a duty to defend you against Tesco's claim against you UNLESS Worst Central agrees that you owe the claim and they pay on your behalf. And if they fail in their duty to defend then you have a spiffing case against them for breach of contract, bad faith, and anything else your solicitor can throw against the wall.

Thanks for that. I had to look up subrogation in the dictionary but I understand it now.

So if Tesco took me to court saying I owed the repair costs would the court decide who was responsible for the original accident?

Hope it doesn't get that far but it's good to know what's possible for the future.

Quentin

corbyboy wrote: »

When you say take the same action do you mean against the other driver's insurer? How would I go about that?

No I mean if you get any court papers send them on to your insurer to deal with.

corbyboy

Quentin wrote: »

No I mean if you get any court papers send them on to your insurer to deal with.

Wow, really? If I get a court summons you think I should send it to my insurance company who have ignored every bit of contact in the last 5 months?

vaio

corbyboy wrote: »

Wow, really? If I get a court summons you think I should send it to my insurance company who have ignored every bit of contact in the last 5 months?

Yep, send it signed for too and get a copy if the signature.

You have to do it because it’s part of your policy conditions.

Also part of your policy conditions is an expectation that they will defend or settle any claims as is your right to compensation for any losses & hassle you will suffer if they manage to mess up it up again.

C_Mababejive

Pot Kettle...Tesco must still be smarting from the time i had County Court papers served on them for being unresponsive in settling a claim !
It didnt reach court. They paid up.

Quentin

corbyboy wrote: »

Wow, really? If I get a court summons you think I should send it to my insurance company who have ignored every bit of contact in the last 5 months?

Yes.

And don't reply to the court. Leave everything to your insurer. Anything else would be a breach of your policy conditions - if the worse comes to the worse, then ensure they are the ones who breach!

But hopefully this latest letter will get your insurer to engage with the other side.

foggytown

corbyboy wrote: »

Thanks for that. I had to look up subrogation in the dictionary but I understand it now.

So if Tesco took me to court saying I owed the repair costs would the court decide who was responsible for the original accident?

In effect, yes. Tesco has to prove their claim against you which means that they have to demonstrate that you were responsible for the accident.