Legal action form from Churchill???

Tall_Paul_303

I was involved in an accident back in October,the other driver hit me from behind whilst I was stationary at a round about waiting to pull out,the other driver admitted liability straight away and also admitted liability to her insurance company (Tesco) when she contacted them that day.

My car required a new rear bumper, my insurance company (Churchill) booked my car in to be repaired the following week and arranged for me to have a hire car for the 3 days my car was in the garage being repaired.

I had completely forgotten about the incident ,until today I received a letter from my insurance company saying the other drivers insurance company (Tesco) are refusing to pay up and that I need to fill out a legal action form and may have to appear in court.

This seems ridiculous, no one was hurt in the accident and I only needed a new rear bumper, I was not even moving when I was hit.

Surely its down to my insurance company to get the money off the other party s insurer not me?

I really don't have time to go to court?
Surely Churchill would not got to court over a rear bumper and the cost of a hire car?

Should I sign the legal action form or just ignore it?

Thanks in advance for any help/advice

Aretnap

If your insurer wants the other guy's insurer to pay, ultimately the only way for them to force them to do so is through the courts. They need your cooperation to do this (a) because the court action will actually be launched in your name - you're the one whose car was damaged after all, so ultimately it's your claim and (b) you may be needed as a witness to say what actually be happened.

That's the theory in any event. In practice it's unlikely that it will actually end with a court appearance - filing the claim will just chivvy the other guy's insurers into pulling their fingers out and getting the claim settled.

you must not ignore the letter though - as a condition of the policy you will have agreed to assist your insurer with court action relating to your claims, if necessary, and failing to do so could leave you liable for the costs they incur as a result.

forgotmyname

Quite often they send the court letter and they drag their feet a little and pay up.

I had one for a company vehicle, the day before it was due to goto court they called me to say not to bother its settled.

Marktheshark

Perfectly normal these days, just fill it in.
The other side are hoping you dont have the neck to go to court and throw the towel in.
It is not personal, just business and money.
If you bottle out, you get the bill not them.

Tall_Paul_303

Thank you for the advice.
If it did go to court would I be able to claim back any expenses? ie travelling to the court.

magpiecottage

If the other side pay up in full, whether because they choose to settle or a court forces them to, this should mean you get your own policy excess back and your no claims status repaired.

As far as expenses are concerned, I suggest you put a covering letter in with the form telling your insurance company that you would like to claim expenses if it does go to court.

EdGasket

...and don't forget loss of earnings/holiday too.

Crazy_Jamie

Tall_Paul_303 wrote: »

If it did go to court would I be able to claim back any expenses? ie travelling to the court.

If you are successful at trial the Judge will have discretion to award your witness expenses, generally out of pocket expenses or mileage for travel, plus up to £90 for loss of earnings. However, it certainly can't harm to ask the insurer to cover your expenses for you in any event, if indeed the matter does get that far (which it probably won't).