Uninsured Losses from Car Crash

DiamondPainter40s

Back in summer 2022, my son was learning how to drive in my car with me as the passenger and there was a crash, which was admitted to straight away (no injuries apart from to me and I didn't claim against him). Thought it had all been dealt with via the insurance companies but very unexpectedly (without any warning) he has been served with a civil claim for uninsured losses by the person he crashed into claiming for devaluation of his vehicle and extortionate credit hire car charges. With legal fees on top he's looking for almost 30K.

My son was a named driver on my fully comprehensive policy at the time and I've spoken to our insurers who are going to take a look at the court papers but can this person claim against my son outside of the insurance process? Surely this is a mistake and should have been sent to my insurer in the first place?

Car_54

DiamondPainter40s said:

Back in summer 2022, my son was learning how to drive in my car with me as the passenger and there was a crash, which was admitted to straight away (no injuries apart from to me and I didn't claim against him). Thought it had all been dealt with via the insurance companies but very unexpectedly (without any warning) he has been served with a civil claim for uninsured losses by the person he crashed into claiming for devaluation of his vehicle and extortionate credit hire car charges. With legal fees on top he's looking for almost 30K.

My son was a named driver on my fully comprehensive policy at the time and I've spoken to our insurers who are going to take a look at the court papers but can this person claim against my son outside of the insurance process? Surely this is a mistake and should have been sent to my insurer in the first place?

The only person (or entity) they CAN claim against is the driver. It's up to him or you to involve the insurer (as you've done) and in fact you're legally obliged to do so.

That's what insurance is for. The insurer will take over the claim and either settle, or if it makes it to court (unlikely) they will pay for the defence. You need to pass any further communications to the insurer, unanswered.

BTW surely you were the supervisor, not a passenger?

Nobbie1967

I think it’s fairly standard as your son is liable, so the claim for uninsured losses must be directed at him in the first place. You should just forward the docs to your insurers who will then assume the liability as the insurer at the time and deal with the case.

DullGreyGuy

DiamondPainter40s said:

Back in summer 2022, my son was learning how to drive in my car with me as the passenger and there was a crash, which was admitted to straight away (no injuries apart from to me and I didn't claim against him). Thought it had all been dealt with via the insurance companies but very unexpectedly (without any warning) he has been served with a civil claim for uninsured losses by the person he crashed into claiming for devaluation of his vehicle and extortionate credit hire car charges. With legal fees on top he's looking for almost 30K.

My son was a named driver on my fully comprehensive policy at the time and I've spoken to our insurers who are going to take a look at the court papers but can this person claim against my son outside of the insurance process? Surely this is a mistake and should have been sent to my insurer in the first place?

No, your son is the liable driver so papers would be served on him. He then passes them to his insurers as the company representing and indemnifying him and they will deal with it. 

It's likely his insurers think diminution of value isn't a valid head of claim and have disputed the hire charges. Liability isn't an issue so if the case proceeds to trial it will focus on quantum and what's reasonable losses the claimant can claim. 

Aretnap

As above, your son is the person who caused the accident so ultimately he is the one who is liable for it. The other driver can't take your son's insurer to court directly, unless he is claiming that it was the insurance company that damaged his car. Instead he takes your son to court and your son asks his insurance company to deal with the claim on his behalf.

It's quite standard, and nothing to worry about. At the end of the day it will still be the insurance company putting it's hand in its pocket, not your son.

DiamondPainter40s

Thank you everyone for your replies, I really appreciate it. Our world was sent spinning by this and we were panicking. Hopefully this will all be sorted out by the insurance company.