Urgent help pls.Had letter y'day from 3rd party insurers threatening to prosecute me

rrtt

if they didn't receive remittance within 14 days of letter (which was sent on 19th Dec!) from my insurers, who had failed to settle claim for minor bump on April 19th 2013 - I had thought this was settled months ago!

I'd notified my insurers (NFU) same day of bump & completed paperwork within 7 days. They said back that they didn't receive it, so I sent same again with diagram & as far as I know that was received in early May.

What gets me is that the 3rd party's insurers (Claimfast) left it till 19th Dec to contact ME and expect full payment from my INSURERS within 14 days of 19th Dec when everything closed, otherwise they say they'll prosecute me!

I'm so stressed I haven't slept all night. I've copied the letter and written a response on it outlining the above & saying I'll counter-sue them with full media coverage if they proceed with their outrageous behaviour, but doubt they'll get this till after Xmas even if posted 1st class on Mon. They seem almost deliberately to have left things till such a time it's actually impossible to comply with their demands due to Xmas/New Year offices shutdown.

Help pls!!

kingstreet

Firstly, calm down. It's not prosecution, it's a possible county court claim. That's a civil matter. Threatening county court action is a normal tactic.

Often, people are taken to court for motor claims when their insurers fail to settle quickly enough for the other side's liking.

If you do receive court claim papers, copy them for your records and send the originals to your insurer immediately. I'd use special delivery to ensure prompt arrival and signature on receipt. Once you've done that, keep in regular contact with the insurer to make sure it responds and in the event it decides to defend the claim, it has someone at the court on the day.

Seanymph

IF they went to Court the court would want to hear from your insurers - as you told them then you have no problems at all.

They did this to me too to gee up a my insurers, I was told it is common practice and just to send it in and ignore it.

I did and the two insurance companies sorted it out - it's just posturing apparently.

Quentin

rrtt wrote: »

.....I'm so stressed I haven't slept all night. I've copied the letter and written a response on it outlining the above & saying I'll counter-sue them with full media coverage if they proceed with their outrageous behaviour, but doubt they'll get this till after Xmas even if posted 1st class on Mon. They seem almost deliberately to have left things till such a time it's actually impossible to comply with their demands due to Xmas/New Year offices shutdown.

Help pls!!

As you have been advised, this is nothing to get worried about.

But you shouldn't respond to this letter.

You should forward it unanswered to your insurer to deal with. (For your peace of mind, check with your insurer they received it)

(I doubt they have threatened to "prosecute" you, though if they have, then once this is sorted you may wish to send a complaint to them about them using empty threats like that!)

geri1965_2

Definitely don't respond with a letter threatening media coverage, they will think you're a loon and I doubt the media would be the slightest bit interested anyway.

chanz4

claimfast sounds like a money grabbing ambulance chasser

Kayalana99

I don't know how true this is but my Dad said this to me before

They go to your insurance, and then they say no...they take you to court...court says yes...they are pointed to the insurance.

He might be wrong but he was basicly saying if your insuranced you don't have to pay.

Aretnap

The claim would be made against you personally because you're the one who damaged the other guy's car - not your insurance company. However were the claim actually to go to court and were you found liable to pay your insurer would have to pay for you, both under your contract with them and under the Road Traffic Act.

In practice for a small accident with no real dispute over liability they'll pay up without actually going to court, and they should really have done it already, but they obviously haven't, probably due to some combination of backlogs and oversights.The letter puts pressure on them to hurry up, and means that you'll now be applying the pressure as well as the third party.

As above, do not attempt to deal with Claimfast yourself, but forward the letter to your insurer (your policy will almost certainly have a clause requiring you to do this), and for peace of mind chase them up to ensure that they do deal with it promptly.

rrtt

Aretnap wrote: »

The claim would be made against you personally because you're the one who damaged the other guy's car - not your insurance company. However were the claim actually to go to court and were you found liable to pay your insurer would have to pay for you, both under your contract with them and under the Road Traffic Act.

In practice for a small accident with no real dispute over liability they'll pay up without actually going to court, and they should really have done it already, but they obviously haven't, probably due to some combination of backlogs and oversights.The letter puts pressure on them to hurry up, and means that you'll now be applying the pressure as well as the third party.

As above, do not attempt to deal with Claimfast yourself, but forward the letter to your insurer (your policy will almost certainly have a clause requiring you to do this), and for peace of mind chase them up to ensure that they do deal with it promptly.

Thanks. The problem is they say they will "have no alternative but to instruct our solicitors to proceed against you unless we receive remittance from your insurers WITHIN THE NEXT 14 DAYS". It's now 20/12 and impossible to even get this letter to my insurers before 30/12 at the earliest I'd have thought.

Also, I thought the 3rd party's Insurers were Admiral - I do n't know where this 'Claimfast' company have come from

The aggravating thing the bump wasn't even my fault - she cut a corner on a country lane, was on wrong side of road. I accepted 50-50 as I didn't own a camera at the time, altho local farmers pointed out my tyre skid marks proved me to have been correctly positioned. As my Landrover was undamaged but her car undriveable due to wing pushed onto wheel, I then drove her the 10 miles to her home!

rrtt

Kayalana99 wrote: »

I don't know how true this is but my Dad said this to me before

They go to your insurance, and then they say no...they take you to court...court says yes...they are pointed to the insurance.

He might be wrong but he was basicly saying if your insuranced you don't have to pay.

?? sorry but don't understand your Dad at all

Slowhand

rrtt wrote: »

...It's now 20/12 and impossible to even get this letter to my insurers before 30/12 at the earliest I'd have thought.

Why? If you post it tomorrow it'll be with your insurer on Thursday or Friday.