Aviva have failed to pay

zukibear

Afternoon, just after a bit of advice please, being a Saturday afternoon and no one is answering phones.
I had a 'car park bump' back in April, someone reversed out of a parking space straight into me although I sounded my horn they kept on coming. We swapped details and I informed my insurer - Hastings Direct. They sent out an assessor and agreed for the repairs to be done. The car's all fixed now. However today I have received a letter from Irwin Mitchell solicitors saying that the other driver or their insurance company - Aviva - have failed to repay the cost of the damage caused and they have commenced court proceedings. What does this mean for me? increased premiums reduced no-claims?
Does anyone have any experience is this something Aviva does - fail to pay?
Am I worrying unnecessarily.
Thank you.

[Deleted User]

zukibear wrote: »

Afternoon, just after a bit of advice please, being a Saturday afternoon and no one is answering phones.
I had a 'car park bump' back in April, someone reversed out of a parking space straight into me although I sounded my horn they kept on coming. We swapped details and I informed my insurer - Hastings Direct. They sent out an assessor and agreed for the repairs to be done. The car's all fixed now. However today I have received a letter from Irwin Mitchell solicitors saying that the other driver or their insurance company - Aviva - have failed to repay the cost of the damage caused and they have commenced court proceedings. What does this mean for me? increased premiums reduced no-claims?
Does anyone have any experience is this something Aviva does - fail to pay?
Am I worrying unnecessarily.
Thank you.

Hi Zukibear

I would like to help and look into this for you. So I can do so can you please email me at social@aviva.co.uk with your

Full name,
Address
Your vehicle registration
Our insured's registration
Any further details you have i.e. claim reference number

If you can also please include your MSE username so I can link your email to this post it will really help.

As soon as I receive your email I'll engage with our claims team find out what is happening and get an update for you.

Many thanks

Dave
Aviva Social Media Team

zukibear

Thanks for your response, Dave, but the County Court have issued a claim form naming me as a claimant and your customer as the defendant - i have never had to deal with anything legal like this and not sure whether I should be contacting you direct.

patman99

So, you claimed from your insurer 'hastings Direct', who would then, in turn, claim from his insurer (in this case, 'AVIVA').

Aviva has not paid them, so Hastings are issuing a County Court claim via their solicitors to get the money that is owed.

The question that needs an answer is "as your claim has been satisfied (your car was repaired) by Hastings Direct, who are now claiming from Aviva. Why have they issued Court proceedings in your name ?.".

Are Hastings expecting you to turn up and do their work for them ?. If so, what would they do if you were to inform them that you had no intentions of doing-so without billing them for this service?.

Quentin

"Dave" is alerted whenever aviva get mentioned and posts to try and get it out of the public eye.

You are correct in saying you should not be contacting the defendant in a court case in the way Dave suggests.

Your solicitor is keeping you informed about the case.

Taking court action is a tactic to bring the issue to a head and it often does the trick and gets the defendant to get things moving!

Don't worry about it.

Quentin

So

patman99 wrote: »

So, you claimed from your insurer 'hastings Direct', who would then, in turn, claim from his insurer (in this case, 'AVIVA').

Aviva has not paid them, so Hastings are issuing a County Court claim via their solicitors to get the money that is owed.

The question that needs an answer is "as your claim has been satisfied (your car was repaired) by Hastings Direct, who are now claiming from Aviva. Why have they issued Court proceedings in your name ?.".

Are Hastings expecting you to turn up and do their work for them ?. If so, what would they do if you were to inform them that you had no intentions of doing-so without billing them for this service?.

When you buy an insurance policy you agree to assist the insurer to get reimbursement from s liable third party.

Obviously if it ends up in court the judge will want to hear from the drivers involved to help decide who is liable (if court action is to determine this).

How do you see that Hastings could do this themselves?

zukibear

Thanks everyone, I knew I would get peace of mind from the forum.

Hastings_Direct_company_representative

Hi,

I'm happy to have a colleague here look into the claim and give you a call to explain the situation and advise on what we and you can do. Could you email me at help@hastingsdirect.com and include this post, your full name, reg and DoB?

Many thanks,

Joe

dacouch

The joys of social media...

Without posting on MSE the poster would be banging their head against a wall like the rest of both the Insurers customers in the same position as the OP

InsideInsurance

Its always been the case that those who know how to complain/ fight get a better deal than those that quietly accept what they're told.

OnanTheBarbarian

Issuing proceedings in your name is standard practice as the terms of your insurance allow your insurers a "right of subrogation" - which means to step into your shoes as the party who has suffered the wrongdoing and seek recovery of any losses arising from the accident.

Just ask Irwin Mitchell to confirm to you once they have recovered the outlay of your insurers as you can then make sure they allow any applicable no-claims discount etc.

Presumably you did not incur any policy excess payment or Irwin Mitchell have included this as an item of claim in the court proceedings?