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Unrecovered Third Party Car Insurance

Roger-Jolly
Posts: 15 Forumite

I've recently received a phone call and an email from my previous car insurers regarding costs they have been unable to recover from a third party insurers following a claim I made Summer 2023 after they reversed into my car while it was parked outside my house.
My previous insurers say that despite attempts to recover the costs they now have instructed solicitors to deal with the matter to recover the costs from either the third party insurers or the third party driver.
I'm told that the solicitors do this in my behalf and are asking me to sign a legal letter instructing them to do so and initiating legal proceedings.
All of this is fine, but on reading their letter, there are various caveats. Quote: "Payment of our Legal Costs We have received details of your claim from (insurers). (Insurers) will provide indemnity for our legal costs in accordance with the terms of your Motor Insurance Policy with them and the Collective Conditional Fee Agreement.
There may be circumstances in which (insurers) may refuse to indemnify you in relation to our legal costs for example if you fail to co-operate with us, if you are un-truthful, if you are in breach of your insurance policy with them. We will inform you immediately if (insurers) withdraw funding".
"The contract for the provision of legal services in pursuing your claim is however between (Solicitor) and yourself and you therefore have the primary responsibility for payment of our legal fees. You would therefore be responsible for payment of our legal fees in the event that funding was withdrawn.
If the value of your claim is contested in circumstances where the total value of the claims being pursued by both you and your insurer exceed £5,000, your insurer may not be liable for the costs incurred by a third party in defending the claim you are making. If the third party successfully defends your claim they may be entitled to an award of costs. In such circumstances it is prudent to have in place an insurance policy to cover such costs. Should we consider such an insurance policy to be necessary we will advise you accordingly."
Has anyone received one of these?
I'm really not sure at present what steps to take, I certainly am not signing the letter until I have a better idea of my commitment even though the third party is solely responsible.
My previous insurers say that despite attempts to recover the costs they now have instructed solicitors to deal with the matter to recover the costs from either the third party insurers or the third party driver.
I'm told that the solicitors do this in my behalf and are asking me to sign a legal letter instructing them to do so and initiating legal proceedings.
All of this is fine, but on reading their letter, there are various caveats. Quote: "Payment of our Legal Costs We have received details of your claim from (insurers). (Insurers) will provide indemnity for our legal costs in accordance with the terms of your Motor Insurance Policy with them and the Collective Conditional Fee Agreement.
There may be circumstances in which (insurers) may refuse to indemnify you in relation to our legal costs for example if you fail to co-operate with us, if you are un-truthful, if you are in breach of your insurance policy with them. We will inform you immediately if (insurers) withdraw funding".
"The contract for the provision of legal services in pursuing your claim is however between (Solicitor) and yourself and you therefore have the primary responsibility for payment of our legal fees. You would therefore be responsible for payment of our legal fees in the event that funding was withdrawn.
If the value of your claim is contested in circumstances where the total value of the claims being pursued by both you and your insurer exceed £5,000, your insurer may not be liable for the costs incurred by a third party in defending the claim you are making. If the third party successfully defends your claim they may be entitled to an award of costs. In such circumstances it is prudent to have in place an insurance policy to cover such costs. Should we consider such an insurance policy to be necessary we will advise you accordingly."
Has anyone received one of these?
I'm really not sure at present what steps to take, I certainly am not signing the letter until I have a better idea of my commitment even though the third party is solely responsible.
0
Comments
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Your the third person to post it today
Your insurance requires you to cooperate with your insurers in their attempts to recover their outlay. As it says, as long as you cooperate, haven't breached your policy (eg were drink driving) and dont commit fraud/perjury your insurers will cover all costs if you dont win the case.0
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