Non-Fault party paying out for PI claim then claiming back?

Head-Out-Of-Sand

Quentin wrote: »

He can still (separately to the court issue which should be left with the insurers to handle) file a complaint over the insurers handling of all this if necessary via their complaints procedure and escalate to the FOS if unhappy with their response.

May well do that. He's going to phone insurers tomo and ask for a clearer explanation of what's going on, and is then going to write to them to request written confirmation. If (once he's made sense of it all) there are grounds for a complaint against insurers we can go down that route.

Thanks again for all the advice

InsideInsurance

rs65 wrote: »

I wonder if they mean that a passenger was paid - on the basis that one of the insurers was ultimately going to pay.

This is known practice where a 100% innocent party (normally passengers or the lead car in a shunt etc) are settled by one insurer whilst liability between two or more other parties is still in discussion to avoid litigation with the agreement of the other insurers that the costs will be recovered if the handling insurers insured ends up not being 100% liable for the incident.

Head-Out-Of-Sand

InsideInsurance wrote: »

This is known practice where a 100% innocent party (normally passengers or the lead car in a shunt etc) are settled by one insurer whilst liability between two or more other parties is still in discussion to avoid litigation with the agreement of the other insurers that the costs will be recovered if the handling insurers insured ends up not being 100% liable for the incident.

Yep, turns out this is what it is - he managed to speak to a sensible person at insurance company today who explained it fully - they paid out to the two passengers on without prejudice basis before liability was established to avoid excessive solicitors fees if my partner was found to be at fault, with the understanding that they would recover the payment from the other side in the event that they are found liable.

The other party has since admitted liability, however, three requests from his insurers to hers for reimbursement of this have been ignored, and the passenger's solicitors are continuing to pursue my partner's insurers for more money. Turns out the other driver's insurer have also failed to respond to requests to pay his solicitor's fees as well. Tut tut.

Would have probably been helpful if insurance co had perhaps explained this to him prior to court papers landing on the doormat!!

Head-Out-Of-Sand

Also, hope they're enjoying the fact that after their eagerness to make a quick buck throwing in PI claims against his insurance rather than hers while knowing full well that she was not telling the truth, it will now be coming out of their family member's insurance policy. Ha. Do hope that causes some arguments.

Sorry to be mean, but she was a horrible person and I really don't like dishonesty - to crash into someone, wreck their car, injure them and cause a load of hassle is one thing, anyone can make a split-second mistake, but to have the audacity to then go home and make up a pack of lies putting the blame on an innocent person, and ALL THREE of them put in an injury claim against himto boot? I wonder how people like that sleep at night.

InsideInsurance

Head-Out-Of-Sand wrote: »

Yep, turns out this is what it is - he managed to speak to a sensible person at insurance company today who explained it fully

Most motor insurers divide a claim between 2 or more teams. One half typically takes notification and fields most policyholder calls (plus may deal with own vehicle damage). The second half are those that deal with the third party/ their representatives in either the recovery or settlement of claims and negotiating liability.

The first earn under £15k, most around £13.5k. The second can earn into the mid £30k. Needless to say that insurers tend to push calls through the first group than the second and try and get them to answer them as far as possible rather than transferring the call but needless to say when they are trying to read screen notes about a subject they have no training in they dont always get it right.

Aretnap

Head-Out-Of-Sand wrote: »

Also, hope they're enjoying the fact that after their eagerness to make a quick buck throwing in PI claims against his insurance rather than hers while knowing full well that she was not telling the truth, it will now be coming out of their family member's insurance policy. Ha. Do hope that causes some arguments.

If the other driver ends up being found liable, it will make very little difference to her whether her passengers make injury claims or not. Either way her insurance company will pay the full cost and she'll get a fault claim recorded against her - the actual amount of the claim tends to have fairly little effect on her future premiums.

tasticz

Aretnap wrote: »

If the other driver ends up being found liable, it will make very little difference to her whether her passengers make injury claims or not. Either way her insurance company will pay the full cost and she'll get a fault claim recorded against her - the actual amount of the claim tends to have fairly little effect on her future premiums.

unless you are Mr. Bean then price can go up to £60k http://www.dailymail.co.uk/news/article-2478044/Mr-Bean-Rowan-Atkinson-ditches-3m-supercar-Skoda.html

Head-Out-Of-Sand

Aretnap wrote: »

If the other driver ends up being found liable, it will make very little difference to her whether her passengers make injury claims or not. Either way her insurance company will pay the full cost and she'll get a fault claim recorded against her - the actual amount of the claim tends to have fairly little effect on her future premiums.

Yeah, I know that really - I'm just enjoying the fact that they thought "wahay, she's made up a story to deflect the blame, we don't know this guy from Adam, might as well get a new kitchen out of it" and they've actually ended up claiming from their family member. I know it wont make any difference if the claim is £1000 or £100,000, but I'm enjoying that they've now got to get it from her insurance.

So everytime she goes into her sister's shiny new kitchen, she'll be reminded that it's her insurance that's paid for it and not my OH!! (Petty, but you have to enjoy the small victories - they caused us a lot of upset!)

rs65

Head-Out-Of-Sand wrote: »

Yeah, I know that really - I'm just enjoying the fact that they thought "wahay, she's made up a story to deflect the blame, we don't know this guy from Adam, might as well get a new kitchen out of it" and they've actually ended up claiming from their family member. I know it wont make any difference if the claim is £1000 or £100,000, but I'm enjoying that they've now got to get it from her insurance.

So everytime she goes into her sister's shiny new kitchen, she'll be reminded that it's her insurance that's paid for it and not my OH!! (Petty, but you have to enjoy the small victories - they caused us a lot of upset!)

You never know, maybe that's why they did it. Maybe your partner was just the unfortunate one they chose to crash into. The circumstances do seem odd after all.

Head-Out-Of-Sand

rs65 wrote: »

You never know, maybe that's why they did it. Maybe your partner was just the unfortunate one they chose to crash into circumstances do seem odd after all.

Possibly, although I got the impression it was more opportunistic to be honest - she thought she was a better liar than she is and thought she could pull it off, and they all thought they could make a few quid out of the situation. Like I say, don't know how the three of them sleep at night. Baddies!