Can you be personally sued even after an insurance pay out?

MrMini

Please help me!

Two years ago a driver pulled out at a junction and i looked to see the road was clear and did the same, the driver in front then slammed the brakes on so i hit him at around 5 miles an hour. At the time i felt this had been done on purpose. The driver of the car and three occupants all claimed for whiplash despite the front passenger likening the incident to 'stalling a car'. The two children in the car were unaware of what had happened. The insurance paid out and that i thought was that. Almost two years later i have just received a letter stating i am due in court. The passenger of the car is trying to sue me for the same incident she has already been compensated for through my insurance company all that time ago, is this even possible? The fact the incident is believed to have been fraudulent in the first place doubled with the fact they want even more money has really angered and upset me. I really need some advice on what i should do and the legalities of the matter.

Thank you all in advance,

Quentin

No need to worry.

Send the letter unanswered to the insurer who dealt with the original claim and they will deal with it.

If the claim is legit they will pay it, if not they will defend it in court (if it comes to that)

MrMini

I am no longer insured with the company that originally paid out the compensation, the incident was almost two years ago. Also the court claim form specifically states 'The attached county court claim form has been issued to you as a defendant to the claim. Please read these notes closely to avoid delays processing your documents. If you appoint a solicitor to act on your behalf please pass these instructions to them'. It states i have 14 days to reply and can admit the claim, admit part of the claim, deny the claim or do nothing. It has no reference to my insurance company at the time although it does state the time of the initial accident and the other parties car insurance details. Is sending the forms to my insurance company the correct thing to do as the claims all refer to me specifically?

geri1965_2

Yes, send it to them as soon as possible.

MrMini

Ok i will, finally i am dubious because in the form they ask my personal income, my expenses, occupation, mortgage costs, how much i can afford etc. It seems very set on the fact i will be expected to pay the costs.

Quentin

MrMini wrote: »

I am no longer insured with the company that originally paid out the compensation, the incident was almost two years ago. Also the court claim form specifically states 'The attached county court claim form has been issued to you as a defendant to the claim. Please read these notes closely to avoid delays processing your documents. If you appoint a solicitor to act on your behalf please pass these instructions to them'. It states i have 14 days to reply and can admit the claim, admit part of the claim, deny the claim or do nothing. It has no reference to my insurance company at the time although it does state the time of the initial accident and the other parties car insurance details. Is sending the forms to my insurance company the correct thing to do as the claims all refer to me specifically?

Yes.

The original insurer remains liable for all claims arising from the period they covered. (Claimants have 6 years to make claims for property damage and 3 years for injury claims)

Don't make any reply to the court. It is always the case for claims to be taken out against the person not the insurer. The insurer will deal with this. But get the papers to them quickly and make sure they have received them and are acting on them.

Poppie68

My daughter had the same happen to her 2 years ago, she sent the letter to her former insurer and they dealt with it...they never paid out another penny they told my daughter they considered it a fraudulant claim and the other parties solicitor wasn't keen on taking it further ....

Quentin

MrMini wrote: »

Ok i will, finally i am dubious because in the form they ask my personal income, my expenses, occupation, mortgage costs, how much i can afford etc. It seems very set on the fact i will be expected to pay the costs.

It's a standard form. Don't reply to it.

Whatever the outcome you won't be paying personally!

Poppie68

MrMini wrote: »

Ok i will, finally i am dubious because in the form they ask my personal income, my expenses, occupation, mortgage costs, how much i can afford etc. It seems very set on the fact i will be expected to pay the costs.

Just redirect it to your former insurers..and forget about it.

MrMini

I feel so much better now, thank you for all your help. Fingers crossed this horrible experience can pass me by.

MrMini

Should i write to the solicitors asking them to contact my insurance company rather than myself or is contacting the insurance company enough?