Court Summons because Swiftcover closed unpaid file

hayhyde80

Just looking for any advice please?

Two years ago I made a claim with Swiftcover. two years later I get a letter from a solicitors to say if I don't pay up they will take me to court.
rang Swiftcover and had to go through a long process as he couldn't find my file. He confirmed I wouldn't have to pay and someone would call me back. I emailed the solicitors to let them know.

Never heard a thing until my court summons in the post.

Called Swiftcover and they told me the file had been closed in April of this year and the claim handler had left the company. TBH I went mad as I paid my insurance and made the claim- you don't expect to receive summons through your door. I have asked that he email me details, policy number, reference number as I am not just going to go on there say so anymore!!

Ten minutes later I have received an email with details and that he is re opening the case file. He wants me to email over the court summons.

Will the court summons now be on my record?
It's not good enough that I wasn't kept informed and all of a sudden received this in the post. I did my best to chase up insurance and let the solicitors know- waste of my time and telephone calls when you pay insurance companies to sort any claim!

InsideInsurance

It isnt an every case thing but a moderate percentage of cases, particularly those with personal injury, end up with litigation and as legally it is you -v- the TP the court summons will always come to you.

First thing dont worry, your insurers will respond to the summons on your behalf and a summons doesnt appear on any credit reference agency file etc. If they decide to go to court and lose the case they settle it and again nothing negative is noted against you.

Quentin

hayhyde80 wrote: »

.... TBH I went mad as I paid my insurance and made the claim- you don't expect to receive summons through your door. I have asked that he email me details, policy number, reference number as I am not just going to go on there say so anymore!!......

Don't make any response at all to the court, or the solicitors working for the other side.

Just pass everything on to the insurer to deal with.

hayhyde80

Thank you insideinsurance and quentin. We just email it all to Swiftcover. At least I have all details now. The claim involved a learner driver going to pull away but stalling and I went into the back of the car at less than 10mph. thought it would be sorted quite quickly- not 2 years!

Quentin

hayhyde80 wrote: »

.... I went into the back of the car at less than 10mph. thought it would be sorted quite quickly- not 2 years!

So did the innocent owner of the car you hit!

Read up on swiftcover here and on the net and see this sort of thing isn't unusual.

henrygregory

Quentin wrote: »

Don't make any response at all to the court, or the solicitors working for the other side.

Just pass everything on to the insurer to deal with.

You hear that a lot. Why is this? Just curious? If you speak to the other side's representatives are you classed as admitting fault?

Quentin

No.

But you may inadvertently jeopardise any defence that your insurer is intending to use.

As your insurer is the one left to pick up the bill that you have caused by your negligence they do make it a condition that you don't respond to any approach from the other side but pass them on to the insurer to deal with.

henrygregory

Quentin wrote: »

No.

But you may inadvertently jeopardise any defence that your insurer is intending to use.

As your insurer is the one left to pick up the bill that you have caused by your negligence they do make it a condition that you don't respond to any approach from the other side but pass them on to the insurer to deal with.

Ah ok I see! Thanks, always wondered!

hayhyde80

Yes I did go into the back of the learner driver- it was the driving companies instructor car- she laughed it off and said "the same thing happened to me last week". Me and my children were the ones left upset and shaken up by it all. Surely if an instructor knows the learner did this the week before, he should have more control over the dual controls. Just sticking up for myself!!

Quentin

Anyone can stall.

But a learner is more likely to.

They help you be aware by having L plates.

Just stating the obvious.

kingstreet

FWIW do not assume by passing this on, the insurer will deal with it. It won't be the first time a policyholder has come on here and reported they have a CCJ because the insurer failed to deal with the issue pre-trial and the judgment was awarded as no-one turned up to defend it.

Check with the insurer a few days before that they have settled, or instructed solicitors to defend the case at trial.