Taken to court for car insurance excess

Cpayne303

In November I had a minor accident in my car between myself and my neighbour, It was my fault and I gave him my insurance details.
Several weeks went by and I had heard nothing so I emailed my insurance company to ask what was going on. Shortly afterwards I received a accident form which I filled in and my insurers (Hastings direct) said they would investigate and let me know the outcome.
It's now 6 months later and after hearing nothing I received notification from the small claims court that he is taking me to court for £400 for his excess and legal fees, £500 in total.

I'm so confused as to what's going on as this is my first accident. I thought if he made a claim against my insurance he would be paid for the damage. Why is he asking me to pay for his excess surely the claim is against my insurance not his? Just thought I would ask on here as my insurers are closed till Monday. Also how is getting a court summons the first I have heard of this? Surely court isn't the first step??

Very confused

jonesMUFCforever

Talk to the insurer on Monday!

Let them deal with the correspondence.

Has your insurer paid for the repair costs?

Aretnap

Cpayne303 wrote: »

I'm so confused as to what's going on as this is my first accident. I thought if he made a claim against my insurance he would be paid for the damage. Why is he asking me to pay for his excess surely the claim is against my insurance not his?

The claim is made against you personally because you're the one who caused the accident, so ultimately liability lies with you. You then ask your insurer to indemnify you against the claim in accordance with the terms of your policy. He doesn't sue your insurer directly because nobody is claiming that your insurer damaged his car. Rest assured that it will still be your insurers who put their hand in their pocket in the event that he does successfully take you to court - not you.

Also how is getting a court summons the first I have heard of this? Surely court isn't the first step??

Most likely he or his solicitors have been in touch with your insurer, and either your insurer has been slow to deal with the case, or they're arguing the toss, either about liability or about the size of the claim. Issuing a court claim will encourage them to speed things up if it's the former, and is the only way of forcing the issue if it's the latter.

Just contact your insurer asap and pass the documents on to them. Do not attempt to reply or deal with the claim yourself. Once you've forwarded the papers, it's a good idea to call again in a few days and double check that your insurer has received them, and is doing something about them.