How to deal with threat of legal action?

brookhouse

Someone went into the back of my partner's car months ago.

The other party apologised at the scene but there were no witnesses.

We were originally told the other party had accepted blame, but it seems has changed her mind.

Our insurance company seems overwhelmed/understaffed and although the car was repaired promptly the claim is is unresolved.

We have now been asked if will concede to head off civil action by the other party's insurer with hardly any time to decide and no information on the other party's case.

Are they just sabre rattling? Threatening to hope we concede?

Our excess is only £150 and we have no claims protection, so it's not really worth our time to dispute, fight etc.

But morally we feel we should.

Any thoughts/advice?

Quentin

If you were "innocent" then of course you shouldn't give in


Your protected NCD won't stop your premium rising over this as well as having to pay your excess. (And if you have any other uninsured losses you won't be able to get these back)


Rear end smashes like this are very hard to be blamed against the driver in front!

brookhouse

I really think our insurance company should be advising rather than asking us to decide.

Do these things go to court often and require appearance or are written submissions possible?

Don't really have anything to add to the initial accident report.

Quentin

Threatening court is often a tactic to get the matter resolved - as neither company really want the hassle and expense of a court case if they can resolve this prior to a hearing (which would be months away even if the other side set the ball rolling today)


You are right - your insurer should be dealing with this and only involving you in the event they decide to go to court.


Try and get hold of a claims manager and discuss this.


Failing this, make it clear this was s rear end collision, and ask what is the other side's reasoning for blaming you.