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Small claims court

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My son had an car accident which was his fault.
his insurance company settled the claim
the third party sent him a letter that said he was claiming from him because his car insurance has now gone up by over £350 
he has now received a letter from the court asking for his response.
where does he stand with this,I have never heard of someone being taken to court because their insurance premium had gone up .
thanks in advance
keith

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 28 February 2020 at 9:44AM
    Why didn't he pass it on to his insurer? He needs to do so immediately. In fact he needs to call them and ask how he should respond to the court letter. (He needs to acknowledge the claim within 14 days otherwise he'll end up with a default judgment. After taking phone advice from his insurer, if they don't say how to handle the claim then he needs to do the AOS ... he doesn't enter anything in the Defence field, he merely acknowledges the claim, This gives him a total of about 33 days from the claim date in which to file a defence. If he enters anything in the Defence field when doing the AOS then that's his defence - it can't be changed).

    And yes, the "victim" can claim for losses caused by the other party's actions, such losses including increased premiums for several years. Just because the other party wasn't at fault, doesn't mean that their "risk" hasn't increased, hence their premiums increase. (However I think any such claim should have been part of the insurance claim - that may form part of his defence).
  • thanks for your response,have you any views on what his line of defence would be,it seems that going to a solicitor for advice will cost more than the £390 he is claiming.
    lf this guy were to be successful in his claim this would open the floodgates for everyone whose had a non fault claim to be taken to small claims court.
    I cannot find anything on the web via insurance company’s policy wording that you could be open to such claims even though you were fully insured.
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