Served notice of claim following disputed liability car accident

Myci85

Hello, after some advice please. 

Last September, my son was involved in a minor car accident on a narrow, single track lane. He reported the accident to his insurer for information purposes only, but stated he did not accept liability and did not want to make a claim - he has third party fire and theft insurance only being a new driver, plus the only damage to his car was a broken wing mirror.  

His insurer later contacted him saying the other driver had made a claim against him, claiming he was at fault, and asking him for his version of events. He gave his version and they agreed it was not a clear fault situation and they would go back to the other insurers. He heard nothing more. 

9 months later, he has received documents through from Winn solicitors, saying the other driver is going to to take him to court to recover costs of over £15000, with over £11000 being cost of hire car. She has clearly used one of these claims management companies. 

I'm wondering if my son needs to be worried about this, or if he can just trust his insurer to sort it out? I'm wondering if the insurers can not agree liability, and she is therefore trying it on with a no win no fee solicitor? There were no witnesses to the accident other than family in my son's car, no dash cam footage, and the collision occurred on the corner of a narrow single track lane so I really don't know how any fault could be proved either way. 

user1977

He passes the claim to his insurers and they deal with it. Whatever the result, he's not paying £15k himself, if that's what he/you are worried about.

Aretnap

The court papers will be in the other drivers name, but in practice it will be the claims management company which is pushing this. If they can't agree on liability with your son's insurers then it will have to be settled by the courts. 

Now even though your son has insurance, the claim still gets made against him personally as he's the one who (allegedly) caused the accident. They can't take his insurance company to court directly unless they're claiming that it was the insurance company which damaged the other guy's car. Instead they take him to court, and he had to ask his insurers to deal with the claim on his behalf.

He should pass the documents on to his insurance company immediately, and they will either negotiate a settlement or reply "see you in court". Either way he won't have to pay a penny himself so long as he cooperates with them.

Myci85

Thank you both. 

He's spoken to his insurers this morning, they've said the court papers should never have been sent direct to him, it should have gone to them, and they are dealing with it. 

Just have to wait and see if this will push his next year's premium rocketing even more sky high than young drivers insurance already is!

DullGreyGuy

Myci85 said:

Thank you both. 

He's spoken to his insurers this morning, they've said the court papers should never have been sent direct to him, it should have gone to them, and they are dealing with it. 

Just have to wait and see if this will push his next year's premium rocketing even more sky high than young drivers insurance already is!

Its common practice to send them directly to the driver... can be a case of hoping they scare the driver into telling their insurers to just settle or such. 

ThorOdinson

Does he have a dashcam? If not, get one.