DAC Beachcroft motoring claim

edi

Hello

|Thought I would post here in to get some advice. Approx 2 years ago, our neighbour rammed into my parked car while reversing. He admitted full liability to his insurer straightaway and as a result my insurer waived the excess and agreed to repair my car. However due to the age of the car, the repair was found to be uneconomical and hence was written off and claim settled. My NCD was also unaffected. I have since moved to a new insurer.

I have now received a claim form from DAC Baechcroft asking my permission to sue my neighbour (not his insurer) in MY NAME (subrogated claim) as his insurer have failed to refund my then insurance company’s outlay within the period allowed (claim is ~£1000).

As far as I’m aware, my neighbor (really nice chappo!) dealt with it straightaway and admitted liability which my insurance company also confirmed. However, I don’t know why his insurance provider didn’t settle the claim. Since the accident, my neighbor has moved home and I don’t know his whereabouts.

Can someone advise whether I must consent to the claim through DAC Beachcroft in my name? I don't want to be dragged through the courts, although the letter from DACB confirms that there is zero cost for me.

rich13348

I could be wrong and if I am someone will correct me but you don't have to consent to anything it's up to your insurance to recover costs from his insurance. Also they should sue your ex-neighbor themselves in their companies name and he can recover costs from his insurance as you have already be reimbursed. I would reply and say no thank you very much.

edi

rich13348 wrote: »

I could be wrong and if I am someone will correct me but you don't have to consent to anything it's up to your insurance to recover costs from his insurance. Also they should sue your ex-neighbor themselves in their companies name and he can recover costs from his insurance as you have already be reimbursed. I would reply and say no thank you very much.

Thanks rich13348.

Thats how I feel. Its up to the insurance company to claim their loses and not drag me through this. The letter also indicates that I can include any personal losses (none, there is) or loss of income (none I guess) in the claim and if the claim is disputed I will need to appear in the court. Not something I fancy

Quentin

When you take out insurance you do agree to assist your insurer get reimbursed.


Although the claim will be in the name of the responsible neighbour it will in fact be dealt with by the insurer, and your neighbour won't have to pay.


This is probably a tactic to make the liable insurer toe the line and pay up, and court hearing is unlikely.

EdGasket

Well why not decline consent, say they should pursue it themselves, and see what they say? Seems the safest option.

Car_54

Your policy conditions will almost certainly give the insurer the right to take action in your name.

Derwent

You can decline, but don't be surprised if your insurer cancels your policy for failure to comply with the T&C's of it.

EdGasket

Car_54 wrote: »

Your policy conditions will almost certainly give the insurer the right to take action in your name.

Then why are they asking for consent?

Retrogamer

Assuming if you refuse to consent, they cannot proceed with recovering the money and it goes down as an "at fault" claim instead.

Claims are only deemed not at fault via insurance companies if they are able to recover the loss.

agrinnall

EdGasket wrote: »

Then why are they asking for consent?

Politeness?

Quentin

Retrogamer wrote: »

Assuming if you refuse to consent, they cannot proceed with recovering the money and it goes down as an "at fault" claim instead.

Claims are only deemed not at fault via insurance companies if they are able to recover the loss.

No.


If the OP refuses to co-operate then their sights will be retrained.


On to him.


(As previously posted, it's a condition of the policy that the policyholder will assist the insurer recover his outlay)