At Fault Car accident

Scallops

Hi Everyone

My husband was involved in a car accident over a year ago. It was reported to his insurance company and they said it was likely that it would be considered his fault. He accepted this. There was no damage to his car and it was left to the insurance company to deal with. A few months ago he had a letter from another company which stated that the claim had been found in my husbands favour. We were surprised but there was nothing it asked us to do so was left. However today, we have received a letter from the 3rd party's insurance company saying that they have requested payment from our insurance company numerous times. Because of their refusal to pay, they are contacting us directly to request payment of over £2000! Otherwise they will start litigation process after 14 days.
We are really confused! Any help on what we do next? Many thanks!

tykesi

Have you contacted your insurers to find out what's going on? I think they might be better placed to answer you than us here on the interwebs?!

Scallops

Yes we are waiting for a call back. But its got us both worried, so was wondering if anyone had any ideas while we are waiting.

Aretnap

Contact your insurance company and pass the letter onto them. Evidently there has been a breakdown in communications somewhere.

It's fairly common to get threatening letters like this from the other side. In the event that the insurers can't agree liability it ultimately has to go to court - and if it does the proceedings will be issued against your husband as he's the one who (allegedly) caused the accident so the claim is ultimately against him. However if it did go to court (unlikely) and he was found liable it would still be his insurers who end up paying - he's not going to have to put his hand in his own pocket for £2000.

Scallops

Thank you Aretnap, that is reassuring to hear.

McKneff

Im curious to know who this other party was who sent you the letter to say that 'they' had found in yur husbands favour????

Scallops

I will dig it out but it was neither of the insurance companies. It didn't say much, just a couple of lines to say that the claim had been found in his favour and that the matter had been settled. Perhaps it is the reason for the cross wires in the process.

InsideInsurance

The other letter sounds like an ambulance chaser but they normally contact by email, txt or phone call.

As others have said, its not uncommon for claims to drag out for whatever reason and one side try to hurry things along by going back to the defendant in hoping that scaring them will get them to chase their insurers etc.

Pass it to your insurers to deal with it

arcon5

Well remember insurance companies decisions aren't legally binding and may not be agreed with by a judge in a court of law. So your insurance companies may have decided you wasn't at fault, the third party disagree and want to either seek payment for their client or have a judge decide where liability lies.
If a court decides you was at fault, you will be liable for the TP losses. Your insurance company would then be required to indemnify you as was agreed at the inception of your insurance policy.

You need to make sure your insurers don't just sit on this, that they actively try to deal with it one way or another, that any judgement if it gets that far is paid - as if its not it could be your credit file it affects.

Scallops

The letter advising the claim had been settled was from a claims management company working for our insurer. The letter was sent in September but the claim was then reopened in November. Our insurance company said they disputed the costs and wrote to query the amount but have not had a response from third party's insurers. They requested a copy of the letter sent today and said they would call them straight away to advise that they should not be contacting us directly. Fingers crossed it is sorted out soon.

arcon5

Scallops wrote: »

The letter advising the claim had been settled was from a claims management company working for our insurer. The letter was sent in September but the claim was then reopened in November. Our insurance company said they disputed the costs and wrote to query the amount but have not had a response from third party's insurers. They requested a copy of the letter sent today and said they would call them straight away to advise that they should not be contacting us directly. Fingers crossed it is sorted out soon.

Ye, insurers don't like that. For innocent TP insurers though it's a brilliant technique as it often means, as has happened here, the client themselves are then pushing for insurers the deal with the matter, since insurers like to make things difficult.
Legally speaking though there's no reason they can't contact the client directly as strictly speaking liability lies with you, your insurers simply indemnify you.