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Car insurance -pursued through county courts

Hi all

Back in December, I had a small accident in my car. I was on the motorway when I was cut up by a car who didn't see a massive pool of standing water in his lane and cut into my lane, I had to slam on the brakes to avoid the accident and got rear-ended by another driver. The damage to both vehicles was minimal - to the extent that I didn't even claim on my insurance because all it was was a minor scratch on my near side rear bumper where he clipped me. The damage to his car was similar.

At the time, the emergency services attended and he declined any ambulance assistance. The police breathalyser all parties but closed the incident as a non-injury RTC. The police officer said to the other driver that he was at fault, but the main cause was the standing water.

I informed my insurance company the following day. They have since statemented me regarding the incident and were happy the third party was at fault. However, he (or his insurers) are refusing to accept liability, saying he didn't understand what was being said at the time if the accident due to language barriers (his English was better than mine) and that I swerved into his car! Today, I have received a letter from a solicitor's firm working on behalf of my insurance company saying that he has commenced county court proceedings against me. Obviously, this is a bit worrying, so I would welcome any advice you may have. The letter states that we are denying liability for the accident (I assume this means my insurers)
It is not the bullet with your name on it, rather the one addressed "to whom it may concern" that should worry you!

Comments

  • They have been instructed to represent you on behalf of your insurers, so just give them your full co operation to defend the claim being made against you.
  • rev_henry
    rev_henry Posts: 4,965 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I wouldn't worry too much at this stage. You don't actively have to do anything (unless the letter said otherwise?), just let the insurers have a battle between themselves. If you gave a statement at the time that will hold more weight in court than his which was presumably given 6+ months later! If the facts do eventually get laid out in front of a judge I doubt it would look good for him, but having said that both sides will want to avoid this.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Has he given a version of events?

    Can you get a copy of the policy report?
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Sounds like his lawyers have started court proceedings as a bluff. Seen it done a few times by people in the past via the insurance legal cover.
    They write letters, start proceedings etc but when it's about to actually happen they often pull put if the other party doesn't buckle and give in.

    No always, but seen it before.

    He'll have a hard time proving you were at fault with no independent witnesses as well the police stating it was his fault as well.
    All your base are belong to us.
  • forgotmyname
    forgotmyname Posts: 32,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would drop them a very short letter.


    I braked to avoid a car that swerved in front of me and your client was not paying attention and crashed into the back of me.
    Please explain how this incident was my fault.
    Censorship Reigns Supreme in Troll City...

  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The standing water is irrelevant. If he hit you from behind, then he was not driving at a safe distance behind that enabled him to stop in the distance that he could see to be clear.
    Surely the damage and the police notes would clearly reveal that you were rear-ended and did not swerve into him?
    You should be delighted to have your day in court, but I very much doubt that they'll pursue such a stupid claim.
    No free lunch, and no free laptop ;)
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