Will my insurer cover this?

jojojo73

Hi,
Hoping someone out there can help.. bascially my partner was in a minor bump 24 months ago - both parties were third party cover, he admitted liability and the insurer paid out to cover the cost of her minor repairs. Case closed.. then we get a letter today from Northants county court stating she is suing him for personal injury??!! Can you do this if you havent tried to even claim personal injury through your own insurance? Or is she doing it as her own insurance company wasnt willing to pursue it? Or more likely, has she recieved one of those "have you had an accident in the last three years" texts and just chancing it?? And how successful are people at winning these types of cases?? And most importantly will our insurance company cover the cost if she is successful at this claim? Any advice would be helpful.

vaio

just pass the letter direct to your then insurer, they will deal with it

ihateyes

jojojo73 wrote: »

Hi,
Hoping someone out there can help.. bascially my partner was in a minor bump 24 months ago - both parties were third party cover, he admitted liability and the insurer paid out to cover the cost of her minor repairs. Case closed.. then we get a letter today from Northants county court stating she is suing him for personal injury??!! Can you do this if you havent tried to even claim personal injury through your own insurance? Or is she doing it as her own insurance company wasnt willing to pursue it? Or more likely, has she recieved one of those "have you had an accident in the last three years" texts and just chancing it?? And how successful are people at winning these types of cases?? And most importantly will our insurance company cover the cost if she is successful at this claim? Any advice would be helpful.

send the letter to who ever was the insurer at the time of the bump

rs65

jojojo73 wrote: »

And most importantly will our insurance company cover the cost if she is successful at this claim?

Yes they will. Pass the correspondence to them (keeping a copy to be safe).

Hopefully when they settled the repairs, they did it on a full and final settlement basis.

vaio

rs65 wrote: »

Yes they will. Pass the correspondence to them (keeping a copy to be safe).

Hopefully when they settled the repairs, they did it on a full and final settlement basis.

would that preclude a later PI claim? I'd have thought not

spacey2012

Is this the first correspondence ?
If so, the case will be thrown out at first hearing as they have not followed any protocol.

rs65

vaio wrote: »

would that preclude a later PI claim? I'd have thought not

It could do. Depends on the wording.

vaio

that surprises me, got any examples/links?

rs65

vaio wrote: »

that surprises me, got any examples/links?

Google is you friend.

http://www.addleshawgoddard.com/view.asp?content_id=2294&parent_id=1508

Several things to consider - wording used, meeting of minds, timescales.

vaio

Nah, all those discussions concerns cases where the full value was already being claimed and full & final is used to try and persuade the claimant to accept a lesser amount.

I can't see any way that a solicitor would try (or a court would enforce) a full & final settlement for damage to a car that attempted to preclude any later claim for resultant PI