Do I have to pay?

fragal123

Two years ago, almost to the day, I had an incident in my car. My vehicle was damaged on one side and was repaired. There were witnesses to the incident who provided details to my insurer at the time. The driver in the other vehicle was an employee of a company who went on to dispute and the claim almost made it to court. I was called as a witness, but by this time I had moved abroad. So the legal firm confirmed that no further action would be taken. Now I've received a letter from my insurer out of the blue, telling me the claim has been settled on a 50/50 basis. They are asking me to pay half of the excess - £250. Do I have to pay this amount? Can anyone tell me if this suggests that I am liable etc. There was no other communication between the confirmation from the legal firm saying the case would be dropped (about 16 months ago) and this recent letter. Thanks! 

Aylesbury_Duck

If your insurer has settled on a 50:50 basis then yes, you owe them the money.  

fragal123

Thanks for your prompt reply! I never agreed to this arrangement so why should I have to pay? Seems a stretch. Surely if there was any reason to believe I was liable, it would have been raised at the time. 

[Deleted User]

You should start by making a formal complaint to your insurance company. State that you do not accept liability and were willing to go to court to argue that. If you are not happy with the outcome of that next step is the ombudsman.

fragal123

Thank you. That is very helpful. 

Car_54

[DELETED USER] said:

You should start by making a formal complaint to your insurance company. State that you do not accept liability and were willing to go to court to argue that. If you are not happy with the outcome of that next step is the ombudsman.

But the OP says "I was called as a witness, but by this time I had moved abroad.", so it appears he wasn't willing to go to court. He doesn't have to accept liability, that is the insurer's prerogative.

marlot

fragal123 said:

Thanks for your prompt reply! I never agreed to this arrangement .... 

Actually, you did.  It's in the Ts&Cs of all policies.
But as said, if you're not happy raise a formal complaint.

MEM62

fragal123 said:

I never agreed to this arrangement so why should I have to pay? Seems a stretch. Surely if there was any reason to believe I was liable, it would have been raised at the time. 

They do not require your agreement .  The underwriter has the right to settle any claim as they see fit, as per the terms of your policy.  As for a 'reason for you to be liable' - you may have had a good case to establish that you were not liable.  However, you were not available to present you side of things in court.  If you insurers cannot win in litigation because of your absence what do you expect them to do?   

fragal123

@car_54 and @MEM62 Thanks for your reply. I was willing to go to court. When they contacted me, I explained to the legal firm I was already living abroad. They told me in that case, as they wouldn't cover my expenses to return to the UK to appear in court, it would be closed. 

Car_54

OP. It appears the court action was in your name against the other driver. So when "the legal firm confirmed that no further action would be taken", the claim automatically failed. In that case, you're lucky to get 50/50.

AdrianC

fragal123 said:

I never agreed to this arrangement so why should I have to pay?

Yes, you did. Your policy delegated the decision making to the insurer, from the moment you submitted a claim form.