car crash.... going to court... who pays costs?

bikingbarney

Hi all im just aftera bit of advice..

We had a car accident on 26th december last year see thread here.....

https://forums.moneysavingexpert.com/discussion/2166895

this is still in dispute as to who was at fault so now its going to court.

the other person has put a claim in for damages and i was wondering who pays this and will i have to pay anything at all?

or is it a case that my insurance would foot the bill if i am found to be liable?

please advise as my wife is starting to worry now.

thanks

steve

jayme1

I strongly suspect it depends if you have legal cover with your insurance.

Kilty_2

I'll be keeping a close eye on this thread because I think I'm going to be in a similar situation soon.

Similar accident too :eek:

Inactive

If the OP has Fully Comprehensive insurance .. all costs should be covered by insurance.

vikingaero

Inactive wrote: »

If the OP has Fully Comprehensive insurance .. all costs should be covered by insurance.

...if the insurer has agreed to the action.

Inactive

vikingaero wrote: »

...if the insurer has agreed to the action.

Indeed..;)

newbie007_2

So is the extra money spent on legal cover would be worthwhile in cases like this? Or it isnt worth the money if one has full comp cover? (if insurer agreed to action as you guys stated)

Hammyman

Yes, the £10 extra you pay for legal cover is a godsend in cases like this. Fully Comp doesn't cover legal costs.

As for who pays? The person who loses usually pays not only their legal bill but that of the other side.

sarahg1969

If the other person has put in a claim, all papers need to go to your insurers, who will instruct solicitors to deal with the defence on your behalf. Their costs will be paid by your insurers. You are covered for any third party damage/costs.

If the other party is successful in court, his damages and costs will be settled by your insurers, together with your defence costs.

If you wish to make your own claim, you'll need to include that within these proceedings, but you you will need to find out if your insurers will cover the costs of a counterclaim.

Quentin

newbie007 wrote: »

So is the extra money spent on legal cover would be worthwhile in cases like this? Or it isnt worth the money if one has full comp cover? (if insurer agreed to action as you guys stated)

Whether you have comprehensive or third party insurance you are covered against the costs should a third party take you to court over any incident related to the insured car. (Providing you stick to the conditions of the policy - eg inform the insurer about all incidents /pass on all correspondence unanswered to your insurer etc.)

vaio

Hammyman wrote: »

Yes, the £10 extra you pay for legal cover is a godsend in cases like this. Fully Comp doesn't cover legal costs.

As for who pays? The person who loses usually pays not only their legal bill but that of the other side.

Nah, that £10 is pretty much always better off in your pocket

If someone is claiming against you then your insurance company will pay for your defence and all associated costs.

If you have a valid claim against someone else then there are multiple claims handling firms who will take your case on a "no win no fee" basis and some will even give you a couple of hundred quid cash back into the bargain