Help, car insurance/accident

fluffy123

Hi all
I was involved in a relatively minor collision on a roundabout 3 months ago. We both disagreed to the fault and I made this known to my insurance company. Ive had a hire car since thenand correspondence and my car is now fixed. My insurance company felt that it would go 50/50

Howver 3 weeks ago I had a letter from the other persons solicitor demanding £580 for their excess and costs etc. I passed this onto the insurance company and heard nothing back. Today ive received a court claim form telling me the other person is taking me to court for the amount above and a court fee on top of that! Just what is going on?!

Aretnap

Either your insurance company are being slow to pay out their share, or else one side and the other are unwilling to accept a 50/50 settlement and want to argue the toss in court (or at least look like they want to argue the toss in court - there's an element of brinkmanship).

Either way you should pass the court papers on to your insurer, and then chase them up by phone in a couple of days days to make sue they're dealing with them. Rest assured that if it does go to court it will still be your insurance paying anything which is due to the other guy - not you personally.

fluffy123

Thanks. I scanned over the solicitors letter I got the other week to an email address they provided, will probably have to the same again.

I just dont get why theyre targeting all this at me. Whatdo I do about the court?

Retrogamer

Your insurance protect you against liability claims so if for some reason ti went to court (very rarely does - they do that to get things settled faster by scaring people / insurers) then they would be liable for any costs.

fluffy123

Thanks, just rang my insurance company and got to ring back between 9am-5pm as the man in the claims dept I spoke to couldn't help and I've got to speak to a different area. I'm assuming I'll be forwarding on the document to them and then I'll have to email/phone the court to let them know this has been forwarded onto my insurer who it is all being dealt with through?

OnanTheBarbarian

You need to pass the court papers onto your insurers ASAP.

Your insurers should pass the court papers onto their chosen law firm, who will respond to the third party claim. Persistently chase them (insurers) until the papers are with the lawyers.

They need to file an acknowledgment of service inside of 14 days of you being served with the papers, thereafter another 14 days from then is permitted to file the defence and any counterclaim.

You should also be asked about any losses and expenses you need to claim for (such as the hire car charges) as these need to be counterclaimed against the other party in addition to the defence. If you don't shout up for any losses you need to claim for at this stage, you will lose the right to claim for them later. Let the hire co/ the company who is dealing with your claim know you have been served with court papers too.

fluffy123

Thanks, will hopwfully be able to scan the claim form over to them tomorrow. Hhire car charges were covered by the insurer so im not goibg to need to mention tgat surely? Do i need to get in contact with the court?

kharensunner

You can always discuss this issue further with your insurance company, there might be a misunderstandings on both ends.

OnanTheBarbarian

fluffy123 wrote: »

Thanks, will hopwfully be able to scan the claim form over to them tomorrow. Hhire car charges were covered by the insurer so im not goibg to need to mention tgat surely? Do i need to get in contact with the court?

No need to contact the court yourself, just send the papers to your insurers and then dog them constantly until there is confirmation they are with the lawyers.

I deal with this for a living and often get judgment against defendants when the insurers don't process the paperwork quickly enough.

If it is a "hire car" you have, somebody will have to be picking the tab up for it. If it is a "credit hire car", then the charges need to be pursued against the other party and this is why a counterclaim needs to be raised for the hire charges.

If the other side are disputing fault, then they will be refusing to pay the hire charges unless ordered to do so by the court.

Just let everyone who has been assisting you know that the court papers have landed on you and that you have passed these to your insurers to appoint their lawyers. This will avoid anyone being kept out of the loop.

Aretnap

fluffy123 wrote: »

I just dont get why theyre targeting all this at me.

The claim is made against you personally because you're the one who (they are claiming) was responsible for the accident, so ultimately liability rests with you. They can't sue just your insurance company - nobody's claiming that your insurance company damaged the guy's car. You then ask your insurance company to cover your liabilities in accordance with your policy.

In practice it will be your insurance company which deals with the claim (you may just be needed to give evidence in the rather unlikely event that it goes as far as a court hearing), and it will be them who actually put their hands in their pockets if it does go to court and you are found liable.

fluffy123

Thanks - spoke to the insurance company today and scanned the documents over to them for them to be passed over to their solicitors today. They will apparently be getting in touch with the court.

I'll leave it until Monday, see where it stands and call them back if there is no update.