Car Insurance Court Case

kn6910

I’ve had an accident almost a year ago in March. I was at fault. Very minor damages done, no physical injuries. 

I’ve gotten my write off paid in May. In October I have gotten a letter from the counter party insurance company. I have called them immediately, and got told that my insurance has not paid out yet but they’ll chase them and that I have nothing to worry about. 

Today I have gotten a court letter, where it’s stated that I have to pay for damages. I have 14 days to respond and I genuinely do not know what to do. The expenses are almost £7000. Im a student with a single mom, I don’t have this kind of money. Im really worried that I’ll have to go to court. What should I do?

400ixl

You pass it to your insurer. The other insurer has to take you to court but your insurer will take over your defence.

Don't stress, just call your insurer on Monday.

InMyDreams

Agreed. Sounds like an admin error. Your insurance company should be able to sort it so you need to call them. If you are worried (understandable) maybe you can get through to them this morning. Worth a try.

kn6910

InMyDreams said:

Agreed. Sounds like an admin error. Your insurance company should be able to sort it so you need to call them. If you are worried (understandable) maybe you can get through to them this morning. Worth a try.

I’ve tried but the claims department is closed until Monday. What should I do if they refuse to pay? 

And if they do agree, what will that look like? 

How should I respond to the letter? 

InMyDreams

kn6910 said:

I’ve tried but the claims department is closed until Monday. What should I do if they refuse to pay? 

And if they do agree, what will that look like? 

How should I respond to the letter? 

Don’t respond until you’ve spoken to your insurance company. They will tell you what (if anything) you need to do.

I’m sure you have nothing to worry about.

sheslookinhot

kn6910 said:

InMyDreams said:

Agreed. Sounds like an admin error. Your insurance company should be able to sort it so you need to call them. If you are worried (understandable) maybe you can get through to them this morning. Worth a try.

I’ve tried but the claims department is closed until Monday. What should I do if they refuse to pay? 

And if they do agree, what will that look like? 

How should I respond to the letter? 

Forward the letter to your insurance provider.

kn6910

sheslookinhot said:

kn6910 said:

InMyDreams said:

Agreed. Sounds like an admin error. Your insurance company should be able to sort it so you need to call them. If you are worried (understandable) maybe you can get through to them this morning. Worth a try.

I’ve tried but the claims department is closed until Monday. What should I do if they refuse to pay? 

And if they do agree, what will that look like? 

How should I respond to the letter? 

Forward the letter to your insurance provider.

InMyDreams said:

kn6910 said:

I’ve tried but the claims department is closed until Monday. What should I do if they refuse to pay? 

And if they do agree, what will that look like? 

How should I respond to the letter? 

Don’t respond until you’ve spoken to your insurance company. They will tell you what (if anything) you need to do.

I’m sure you have nothing to worry about.

InMyDreams said:

Agreed. Sounds like an admin error. Your insurance company should be able to sort it so you need to call them. If you are worried (understandable) maybe you can get through to them this morning. Worth a try.

400ixl said:

You pass it to your insurer. The other insurer has to take you to court but your insurer will take over your defence.

Don't stress, just call your insurer on Monday.

Hi, thank you for your responses. I have just spoken to my insurance and they have apparantely been in contact with the other partys insurance. They have tried to settle on various basis, however the other insurance kept declining, hence the long process. I have asked about the letter and the operator told me that I have nothing to worry about as this will be now passed to the solicitors, and that I don't respond to the letter. However, when I have asked how long it will take for me to get an update from the solicitors or for them to review the case, he said up to one month. But now, I have 10 days to respond to the letter. I feel like I should respond to the letter, or perhaps notify the court that my insurance will be taking the case. I don't really know what to do. 

He also said that they wanted to settle it as non-fault as 'the other vehicle hit my insured vehicle', to which I have reponded that 'I have hit their vehicle'. For background information, it was a very minor hit, they have had a slightly cracked lamp, as it was at max 2mph. He said to me ' so, do you accept the fault?', to which I have reponded that 'it is not up to me to settle the case, i have paid insurance for a reason'. This is very stressful to me, I do not know what to do. A year after, it's still not settled and I'm being taken to court. 

So please do advise me on what to do nect, and if I should respond to the letter. Thank you

sheramber

SEND THE LETTER TO YOUR INSURANCE COMPANY  as advised and let them deal with it.

While your insurance settle the case, if you admit it was your fault then it will be settled quicker if you admit to them that you hit the other car.

It seems the information that hey hold makes them think you were not at fault.

[Deleted User]

sheramber said:

SEND THE LETTER TO YOUR INSURANCE COMPANY  as advised and let them deal with it.

While your insurance settle the case, if you admit it was your fault then it will be settled quicker if you admit to them that you hit the other car.

It seems the information that hey hold makes them think you were not at fault.

Exactly this - particularly the bit in capitals. 

The op does nothing - nothing at all! That’s what insurance premiums are for - to pay professionals to deal with it. 

kn6910

sheramber said:

SEND THE LETTER TO YOUR INSURANCE COMPANY  as advised and let them deal with it.

While your insurance settle the case, if you admit it was your fault then it will be settled quicker if you admit to them that you hit the other car.

It seems the information that hey hold makes them think you were not at fault.

[Deleted User] said:

sheramber said:

SEND THE LETTER TO YOUR INSURANCE COMPANY  as advised and let them deal with it.

While your insurance settle the case, if you admit it was your fault then it will be settled quicker if you admit to them that you hit the other car.

It seems the information that hey hold makes them think you were not at fault.

Exactly this - particularly the bit in capitals. 

The op does nothing - nothing at all! That’s what insurance premiums are for - to pay professionals to deal with it. 

They have the recording from my dash cam, the pictures and all of the details. It is clear that I have hit the other car. Yes the other driver has made some mistakes that are clear in the dash cam vid, and it could be argued that it was not entirely my fault, but at the end of the day, I have hit them. I have called the Court, and if they do not get a response from me of the Court Claim Letter, it will result with a CCJ against me, which will have an awful impact on my credit history, as well as securing employment in the financial factor, which unfortuantely I am pursuining a degree in. I am currently left with 8 days to respond.

Both Court and Citizens Advice told me the same thing about not answering the letter. 

400ixl

Is the 8 days the date to acknowledge the receipt of the documents rather than to submit your defence?

I would go back to the insurer and get them to be clear about the acknowledgement vs defence response and what you should be doing. Speaking to someone in their legal team would be better than just the customer services team who will answer the phone.