Insurance debt

luaive

Im not sure if this is the correct place to post this, so please do move it if im wrong......So my husband has had a bill thru the post (an issue regarding an accident with a car our dog and no insurance) the insurance company for the driver says their bill is 2500 and the drivers excess is 600 quid which they want paying in 14 days. I have said I have a credit card with 0% balance transfer to my bank and we could pay it that way. But all he has said is dont get stressed about it, and has done nothing so far Its already been a week, the letter is in his name (I dont mind paying my half) its just he's very good at ignoring things, unless at the end hes getting some money! Seeing as this is the complete opposite im worried hes just going to ignore it and its going to end up with us being taken to court and owing even more money I go to sleep stressing about it and wake up worrying about it, im even stressing now And I cant talk to him about it, because he will just throw a fit that he has enough on atm and will probably just go to the pub I dont want to go to court as I hope to get a mortgage one day I dont know what to do

Quentin

You won't end up in court if the claim is against your husband (he will if this ends up as a county court case)


Even if it does, and the court finds against him, this won't have any impact on his credit status as long as he pays off the CCJ within a month of the hearing

xMonsoonx

Did you have contents insurance at the time of the incident? if you did you can submit to them to consider this under the liability insurance.

If not call the insurer, explain you can't afford a one off payment and offer to set up a standing order for instalments (and stick to it) - they would rather have payment over time that no payment or pay for legal action.

huckster

You have posted about this before and were given advice about this, which you should follow.

From what i remember there was no proof that you allowed your dog into the road. It was an accident, for which you don't accept any liability.

https://forums.moneysavingexpert.com/discussion/5441793

luaive

Yes im not hiding the fact I posted before, its with my previous posts if anyone wants it from the start..... its just as it had been so long since the last post, I started another updated one.

He now says he isnt paying, I said what about court? But he says he has contacts to the witness, who saw him with the dog, and the car up the road where it finally stopped, giving indication he was speeding. Thou I know its been said that speed will not be taken into account, this is my husband saying this to me.

huckster

luaive wrote: »

Yes im not hiding the fact I posted before, its with my previous posts if anyone wants it from the start..... its just as it had been so long since the last post, I started another updated one.

He now says he isnt paying, I said what about court? But he says he has contacts to the witness, who saw him with the dog, and the car up the road where it finally stopped, giving indication he was speeding. Thou I know its been said that speed will not be taken into account, this is my husband saying this to me.

Why worry about Court ? The third party Insurers will only take this to court, if they have witnesses that you (whoever had control of the dog) were negligent in allowing the dog into the road.

What you have to remember is that accidents do happen, where it cannot be established that someone was at fault and is therefore liable. This accident involving your dog may be one accident where nobody was at fault for this. The Third party Insurers will always write asking for payment in the hope you accept responsibility. It does not mean you will be taken to court.

Don't respond to this first letter, but if they continue to write with the Insurers Solicitors threatening to issue a court claim, then you should respond.

Suggest that you respond to the third party Insurers Solicitors with something like this, if they say that a court claim will be issued.

I refer to your letter dated xx/xx/xx regarding a very upsetting accident involving our family dog.

The accident was just that ' an accident', where the dog managed to get onto the road, where your driver was speeding above the limit, for which we have a witness to the speeding. Of course we would never have allowed our dog to get onto the road and would take all reasonable precautions to prevent this.

We do not accept there in any liability on our part and we will defend any claim brought.

Your Faithfully

luaive

I hope so, the letter from his insurers (is that the same as a solicitor letter) says they hold us (well my husband, as the letter is in his name) responsible for the incident, and to send a cheque to pay for the costs they have incured for repairing the car and the drivers excess. Hopefully as has been said, its just them trying, as its obviously only going on what the driver has told them. I do hope it doesn't come to court. And thankyou Huckster for the letter template that will be very handy, because I wouldn't know what to write

Quentin

You keep mentioning "court"


Is the letter you have received headed "Letter Before Court Action" or something similar?


Is the request for payment within 14 days followed by them saying anything along the lines of "failure to pay will result in us taking legal action against you"?


(This could come from the creditor (insurance company) or their solicitor)

luaive

I mention court because im a serial stresser and will automatically jump to the worse case sernario lol. This is only the first letter, its from the drivers insurers, the letter says........

Dear X
We refer to the above incident (has the drivers name, reg and incident date above) for which we hold you responsible. We have dealt with the damage to our insured vehicle.

Our outlay is (said amount) and we attach supporting documentary evidence. Not sure on this as there wasnt any itemised bill??

Our insured policy cover is comprehensive with a £600 AD excess (not fleet rated) We await your cheque within 14 days payable to said insurance. Our insured has paid a £600 policy excess please raise a cheque for £600 quid for said driver.

Yours sincerely

Said insurance.

huckster

First basic letter.

Doubt this will ever see any court, as the third party insurers won't have evidence of you being liable.

There is a small risk of the third party driver issuing a court claim to obtain their excess back. If you ever receive correspondence from the third party driver, do not respond. If they ever issued a court claim, get more advice. If you defended such a claim, i doubt the third party driver would be successful.

luaive

Thankyou, that has put my mind at ease a bit.