RTC 2 years ago. Now Direct Line want to take third party to court

hopefulfooluk

Hi folks.

I was rear-ended nearly two years ago in a traffic jam.  Long story short, I was crawling at the front of a queue on a dual carriageway waiting to merge, and the third party came barrelling up the lane and smacked into me.  Got the guy's details, took lots of pictures, and passed them to Direct Line (my insurers) and also those of a witness. Within a few days DL had fixed the damage to my car and that was that.  Great!

Or so I thought.

Fast forward a few months from the incident and DL tell me that they haven't managed to recover their outlay from the third party's insurance company (Hastings Direct) yet.  They asked me to fill in a form with more details which I do and then it goes quiet.

Then, about a year later, DL tell me that Hastings Direct have withdrawn indemnity for the claim.  They don't state why.  HD also want me to sign a declaration that says that I'm happy to take the third party to court in my own name.  I get nervous at this point as it also says that if I don't, I may be liable for all their costs as well.  I tell DL that I am not prepared to sign the letter in its current form, but tell them that I have legal protection with my policy as well, so they can use that.  Again, it goes quiet.

Today I get another letter from them - but this time from their legal team - saying that they haven't been able to get any payment from the third party or the insurance company.  How they have tried to do this I don't know, but it basically says that they will now issue proceedings against the third party, in my name.  I realise that this is a technicality but I don't particularly want the third party to think that I have decided to send him a big bill and court proceedings in my own name. People can be funny and unpredictable these days and I worry that if DLG tell him to pay up and it's got my details plastered all over it as if I have initiated it I would feel uncomfortable in my home.  It's almost at the stage where if that's going to happen, I'd rather pay the grand or whatever the bill is that DL paid just to be shot of the worry of it even though the incident categorically was not my fault and I have witnesses that have confirmed it.  But now if I turn around and say to DL "don't worry, I'll just pay it to be shot of it" I feel they will start apportioning the blame to me as 'if I'm not to blame, why would I offer to pay'?

Has anyone else been in this situation and if so, what would your advice be please?  Ultimately it appears that I have been hit by someone who did appear to have insurance, but they have, for whatever reason, decided to void the policy and not pay up.  And now I'm in a situation where my insurance company want paying by the third party directly but can only do so in my name.  Which I don't really want to happen in case there are repercussions.

Thanks in advance.

chrisw

I'd say don't worry, go along with what Direct Line advise you to do. Any risks to it coming back to you personally are minute, if it did it would be a police matter. I've never heard of an instance.

The costs are likely to be considerably more than a grand now the legal costs have been added on.

dunstonh

Today I get another letter from them - but this time from their legal team - saying that they haven't been able to get any payment from the third party or the insurance company. 

This is important because your no claims discount will not be returned and it will show as an at-fault claim until it does.

 it basically says that they will now issue proceedings against the third party, in my name.  I realise that this is a technicality but I don't particularly want the third party to think that I have decided to send him a big bill and court proceedings in my own name. 

All quite normal.

It's almost at the stage where if that's going to happen, I'd rather pay the grand or whatever the bill is that DL paid just to be shot of the worry of it even though the incident categorically was not my fault and I have witnesses that have confirmed it. 

It wont be a grand now. You will have legal costs, administration costs etc.   Probably moved into 5 digits now.

Has anyone else been in this situation and if so, what would your advice be please? 

Do as requested.  That is how it works.

hopefulfooluk

Thanks both