Advice needed - Insurer asking me to sign a Consent and Assignment Form

TooManyPoints

I don't think  the OP ignored it for four years:

The accident happened in March 2017 and their first request for me to sign this form was a year later in 2018.   At the time I emailed back asking them to explain why they were asking me to sign the form and they never got back to me.   Now 4 years later, this December just gone, the same guy from AXA has again emailed me and asked me to sign the form.

Manxman_in_exile

ciderboy2009 said:

Mickey666 said:

Isn't it a universal rule NEVER to sign anything you don't understand?

Yes - but if you don't understand a legal document then the usual way to deal with it is to ask a legal expert (with the associated costs) - not ignore it for four years and then ask a load of strangers (who may or may not know what they're talking about) and argue every point they come up with.

The implications of signing the form are zero - it's just a standard statement assigning their rights for this one particular matter.

The implications of not signing the form range from zero to the  possibility (albeit unlikely) of having to pay back the money paid out by their insurance company (plus interest and costs) as they have not complied with the terms they signed up to when initially taking out the insurance policy.

It's the insurance company - who want him to sign it! - and not the OP who has ignored it for four years!

If it is merely "a standard statement" then it's hardly unreasonable for the OP to ask the party wanting him to sign it to explain to him (in words of one syllable if necessary) what it means, why he needs to sign it, and why they have taken nearly four years to deal with it.  Why is it important now and what are the implications for him if he does not sign it?

I have no doubt there are many experienced posters on here who know exactly what it is and why it is necessary, but if it is such a "standard" form I see no reason at all why a half-decent insurance company should not be able to explain it clearly and fully - preferably in writing - to their client who does not possess that knowledge

If, as you suggest, the possible implications for the OP range from nada to having to repay the insurance company what it's already paid him, then I'd expect you to agree that it's vital the insurance company should explain to him exactly what this is for - especially as they've left it for four years doing nothing.

If the OP can't get what they consider a satisfactory written explanation from their insurer then they may want to pay for legal advice.

As said before, I wouldn't sign anything if I didn't know what it is and if the person wanting me to sign it could not give me an idiot-proof explanation as to why it was necessary (for me or them) that I sign it.

HoofeHearted

OP  I see you have also posted this question on the honestjohn website, with similar answers.

Maybe it's time for you to seek professional advice.

Knapper

Update

Rec'd the following info from Swift/AXA in response to my questions:

"Third party insurers are not indemnifying third party as he had not notified his previous claim to them.

They are ready to reimburse our cost on without prejudice basis as their client was at fault, but for that they need an agreement to be made.

Hence they want this A&A form to be signed by you as well as by third party, you do not need to go in court.

Once you sign it then third party insurers will pay for our outlay and then we will close this file as non-fault."

TooManyPoints

Which is near enough what I thought (my post @8:12pm 1st March refers).

Ectophile

While it looks a bit weird, it seems that CISGIL think they could weasel out of paying the claim, they don't want the risk of being taken to court and losing.  So they are offering to pay up if you help them sue the driver.

When you signed up for your insurance, you will have agreed to a clause which states that you will help your insurer claim back any losses caused by a third party.  Every policy has wording to that effect.

AXA want to be paid for the loss, CISGIL are offering to pay, so you are really obliged to help AXA get their money back.

ALawStudent2

Hi,

Not sure if you're still having this concern at the minute. I'm a bit late to the party! I have been working at a number of solicitors and have over 7 years in motor claims experience. I've acted for insurance giants and continue to do so.

My understanding is that an assignment and agreement form simply grants the Defendant's insurer to recover the cost of what has been paid out for the Claimant's claim

This would arise when the Defendant has not complied with the terms of their policy (may have been under the influence, living at an incorrect address or most common - has not reported the accident to their insurer!)

The insurer would then drop their indemnity status to either RTA insurer or Article 75 insurer. (This means that they are obliged to pay any Judgment that is obtained against the insured person) however, in order for the insurer to have a right of recovery they must either have a signed assignment and agreement form from the Claimant, or be brought in as a 2nd Defendant to the county Court proceedings that may have been issued.

Basically, the other person hasn't complied with their insurance policy and as such, their insurer would like to reserve the right to recover the cost of your claim from their client direct. Your signing of that form would grant that, and my understanding is that it would not prejudice your claim or position in any event. 

Nevertheless, I would suggest you simply call up your insurer and have a chat with them about this and feel more comfortable with this.

Hope I've helped! 

sheramber

ALawStudent2 said:

Hi,

Not sure if you're still having this concern at the minute. I'm a bit late to the party! I have been working at a number of solicitors and have over 7 years in motor claims experience. I've acted for insurance giants and continue to do so.

My understanding is that an assignment and agreement form simply grants the Defendant's insurer to recover the cost of what has been paid out for the Claimant's claim

This would arise when the Defendant has not complied with the terms of their policy (may have been under the influence, living at an incorrect address or most common - has not reported the accident to their insurer!)

The insurer would then drop their indemnity status to either RTA insurer or Article 75 insurer. (This means that they are obliged to pay any Judgment that is obtained against the insured person) however, in order for the insurer to have a right of recovery they must either have a signed assignment and agreement form from the Claimant, or be brought in as a 2nd Defendant to the county Court proceedings that may have been issued.

Basically, the other person hasn't complied with their insurance policy and as such, their insurer would like to reserve the right to recover the cost of your claim from their client direct. Your signing of that form would grant that, and my understanding is that it would not prejudice your claim or position in any event. 

Nevertheless, I would suggest you simply call up your insurer and have a chat with them about this and feel more comfortable with this.

Hope I've helped! 

You re replying to a post that is 9 months old. I expect the  OP has sorted this  out before now.

moneysaver

sheramber said:

ALawStudent2 said:

Hi,

Not sure if you're still having this concern at the minute. I'm a bit late to the party! I have been working at a number of solicitors and have over 7 years in motor claims experience. I've acted for insurance giants and continue to do so.

My understanding is that an assignment and agreement form simply grants the Defendant's insurer to recover the cost of what has been paid out for the Claimant's claim

This would arise when the Defendant has not complied with the terms of their policy (may have been under the influence, living at an incorrect address or most common - has not reported the accident to their insurer!)

The insurer would then drop their indemnity status to either RTA insurer or Article 75 insurer. (This means that they are obliged to pay any Judgment that is obtained against the insured person) however, in order for the insurer to have a right of recovery they must either have a signed assignment and agreement form from the Claimant, or be brought in as a 2nd Defendant to the county Court proceedings that may have been issued.

Basically, the other person hasn't complied with their insurance policy and as such, their insurer would like to reserve the right to recover the cost of your claim from their client direct. Your signing of that form would grant that, and my understanding is that it would not prejudice your claim or position in any event. 

Nevertheless, I would suggest you simply call up your insurer and have a chat with them about this and feel more comfortable with this.

Hope I've helped! 

You re replying to a post that is 9 months old. I expect the  OP has sorted this  out before now.

Not necessarily, he thought the claim had been dealt with 4yrs ago.  Still might be ongoing.

Moneysaver