Car accident panic

moneytroll

I was involved in a minor car accident (my fault) in October 2022. I left mine and my insurance details with the other driver. I also told my car insurance about it as I had to claim for my own car damages. 

Today (over a year later) I receive a Claim Form from HM Courts and Tribunals services to say that there is a case filed against me for almost 4k. It looks like it’s the other party’s insurance that is filing it.

Insurances are closed so I cannot call either their or my car insurances and am freaking out. What do I do? I thought if I am insured, I’d be covered and that the respective insurances would deal with this? 

Can someone advise please as I have never had an accident before.

thanks in advance!!

400ixl

Likely your insurer hasn't settled what the 3rd parties insurer believe they should.

in such cases they have to come after you, but in reality, you notify your insurer, they assign legal representation and whatever the outcome they settle the bill.

Speak to them when they are open and they will want to you pass the letter you have received to them.

No need for panic.

Devongardener

Try not to panic, you will be able to speak to your insurance company on Monday.   They will deal with it, but in the meantime do check whether you have legal protection on your policy.

moneytroll

400ixl said:

Likely your insurer hasn't settled what the 3rd parties insurer believe they should.

in such cases they have to come after you, but in reality, you notify your insurer, they assign legal representation and whatever the outcome they settle the bill.

Speak to them when they are open and they will want to you pass the letter you have received to them.

No need for panic.

Thanks for reassurance. What is the actual process? I mean is this normal to go after the other party and not via insurance? I don’t believe the other driver ever gave their insurance the information of my insurance. Was I supposed to have arranged this? Or my insurer? I notified my insurer (otherwise they wouldn’t have paid my claim).  Like I said, I am not familiar with the procedure. (I am with Churchill).

Car_54

Devongardener said:

Try not to panic, you will be able to speak to your insurance company on Monday.   They will deal with it, but in the meantime do check whether you have legal protection on your policy.

Why would the OP need legal protection? His/her insurers will defend it. That's why we have insurance.

Car_54

moneytroll said:

I was involved in a minor car accident (my fault) in October 2022. I left mine and my insurance details with the other driver. I also told my car insurance about it as I had to claim for my own car damages. 

Today (over a year later) I receive a Claim Form from HM Courts and Tribunals services to say that there is a case filed against me for almost 4k. It looks like it’s the other party’s insurance that is filing it.

Insurances are closed so I cannot call either their or my car insurances and am freaking out. What do I do? I thought if I am insured, I’d be covered and that the respective insurances would deal with this? 

Can someone advise please as I have never had an accident before.

thanks in advance!!

You simply need to send the claim form to your insurer, and they will deal with it. (Make sure it's the insurer you were with at the time of the accident.) It can do no harm to phone them and tell them to expect it.

Do NOT speak to the other insurer.

400ixl

I assume that they believed you were to blame, in which case they claim on their insurance who look to recover from yours.

Sometime they can't agree and they therefore need to go legal on getting that agreement. To do that they issue a claim against you, as you are the party to the accident, not your insurer. That is why you have received it.

Your insurer indemnifies you and takes over defending the claim, paying any settlement if required.

Its not common, but does happen. Nothing you should or could have done to change it.

Aretnap

Don't panic.

Your insurance company has not paid what the other drivers insurance company is asking for - either because they are disputing liability, or disputing the amount that is being claimed, or perhaps the overworked claims department is just being slow. So the other insurer has decided that to force them to pay they will have to go to court.

The court claim gets filed against you because you are the one who (allegedly) caused the accident so ultimately you are the one liable. They can't take your insurer to court directly unless they are claiming that it was your insurer that damaged the other guy's car. Instead they take you to court, and you have to ask your insurer to deal with the claim on your behalf (which they will do - it's what you pay them for).

Phone your insurer first thing on Monday morning (the one you were with at the time of the accident if you've switched since), tell them that you have received these papers, and do as they tell you. There is no harm in phoning them again a few days later to make sure that they are dealing with it. Rest assured that whatever happens it will still be your insurer putting their hand in their pocket at the end of the day, not you personally.

Oh, and don't panic.

Aretnap

Devongardener said:

Try not to panic, you will be able to speak to your insurance company on Monday.   They will deal with it, but in the meantime do check whether you have legal protection on your policy.

Whether or not he has legal protection on his policy has no relevance whatsoever in this situation. That's for when he decides to take someone else to court over a road accident.

maxmycardagain

your insurers AT THE TIME OF THE ACCIDENT are liable

Car_54

maxmycardagain said:

your insurers AT THE TIME OF THE ACCIDENT are liable

As I explained four days ago ….