car insurance claim being pursued after it has been settled

margi_g

WeI had an accident three years ago.It was with another car on a country lane that had no white lines down the centre of the road. AS rthere were no witnesses and the insurance investigator said due to it being a remote location advised us the settle for 50/50.
The car was written off and we got a personal injury claim settled as I was the passenger.
It took about a year to settle it but eventually in March 2016 it was all done.
Imagine my surprise when we got a letter last Saturday from the insurance company who represented us on this claim saying to contact them as the other party were now pursing them to reclaim the other 50%,At least that is what I think they 're saying. The letter is very confusing and we are to ring them tomorrow.They mention my husband as the driver may have to go to court if it gets that far.
How can this be still ongoing? As I understand it when we agreed to the 50/50 it was on the basis of full and final settlement. Any one got any ideas on what is going on here? Is our previous insurance company not done their job or is the other driver trying it on? and we did not cause this accident the other driver was at fault he turned into out car as we moved away from him to avoid the crash , Just for clarification:)

Zorillo

They've got a right to pursue a claim, and you've got a right to expect your insurance company to defend it on your behalf.

It's a bit surprising that they've asked to speak to you at this stage, you'd have thought they'd gather all the information they needed before settling your part of the claim.

Speak to the insurer and see what they say. At this moment, there isn't anything obvious to worry about.

margi_g

thanks for this reply. What I cant understand is that we thought it was all settled surely full and final settlement means just that? After all, we agreed and so must the other party have agreed before any money was sent to us. Or wouldnt it still b>e an ongoing claim

Zorillo

If they've agreed a 50/50 settlement previously then it should be a very easy claim for your insurer to defend, I would've thought.

Quentin

It sounds as though the other side are disputing the liability issue.

They do have 6 years to start legal proceedings for damage claims.

Did your policyholder get back his 50% of uninsured losses (eg excess) from the other side?

Was that sent as full and final settlement?

Which insurer paid your injury compensation claim?

margi_g

the policy holder got his 50% back from what we remember.At that time it was as full and final settlement My husband insurer paid for my compensation as far as we can recollect( sorry to be vague but when all this was done and payments made 2 years ago we destroyed all the paperwork as we were not told there was any further action). Can we now be made to pay back the money? it seems very odd we are no longer with this insurer as my husband is now disabled and doesnt have the car anymore

Quentin

It looks like your husband's insurer dealt with this and is having difficulty getting reimbursed by the third party insurer.

It's unlikely you will be asked to refund any money assuming that the circumstances were truthfully reported originally

Bearing in mind that a claim can be made up to 6 years after the event you really need to keep your insurance docs at least that long,!