ccj threat from insurers of other party. can they do this?

ninky_2

i posted on here a few months back about a small accident OH had in the car. we have fully comp insurance. the insurers wrote off our car (not much damage but it wasn't worth much) and we've had the cheque for the amount which we were happy with. we assumed all was sorted with other party who didn't have much damage to car either.

surprised yesterday to received a letter from other party's insurer saying they had not received settlement (it's not a large amount, less than 500 quid to cover replacement vehicle and excess) from our insurers. they said they expect full settlement within seven days (letter dated 10th jan) or will be filing a county court form against "negligent party" who they describe as my OH - they are also suggesting my OH could bypass insurance company by settling the full amount by cheque in name of other party. don't see why we should do this when that's the point of having insurance.

OH has contacted our insurers who say ignore the letter. the reason they haven't paid is the other party's insurers have not provided sufficient evidence yet.

i'm surprised by this because i thought if you have insurance it's normal for the insurers just to deal with each other directly. also the implication of a ccj is a bit worrying. don't want my OH to get a bad credit rating for this.

wallbash

we have fully comp insurance

OH has contacted our insurers who say ignore the letter.

Do as your insures say .

iolanthe07

Yes - follow the advice of your insurers. These are empty threats designed to scare you into paying for something for which you might not even be liable, especially if you have comprehensive insurance.

hubert_cumberdale

they shouldnt even be contacting you i wouldnt have thought

ninky_2

hubert_cumberdale wrote: »

they shouldnt even be contacting you i wouldnt have thought

that's what i would have thought. honestly it was a bit of a threatening letter given they've had no contact with us at all and implying legal action on monday if we don't pay up.

dacouch

I would strongly recommend you forward a photocopy of the letter and documents by recorded delivery to your insurer, state that you expect them to deal with the claim appropriately and that you will hold them responsible for any charges you incur or consequential losses eg to your credit rating.

As the person who hit the other driver is your OH it is your OH that the other Insurers will take to court.