Car insurance accident claim - are my expectations unreasonable?

rubble2

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Thanks

DullGreyGuy

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Neither insurance company were actually at the scene of the accident. Both will have taken some form of statement from their insureds about what happened. The insurers will then argue liability and quantum etc amongst themselves. 

As you did not claim for the damages you sustained your insurers will be in defence mode only as they dont have an outlay to recover. How long it takes therefore is totally dependent on the other insurer, what evidence they can produce and if either insurer can convince their insureds to take a split liability decision or concede liability. 

When it goes to court, given liability rather than quantum is in dispute, the judge is likely going to ask questions. As your insurers weren't there they cannot be sure they'll be able to answer the questions hence you are required to be there to defend why you feel you arent at fault. 

Ultimately if you arent prepared to go to court tell your insurers that, they will most likely state that they will concede liability as a result and deal with the third party's claims. 

Most insureds, in my experience, when there is no money on the line for them cease to be very interested in claims and what's happening so companies dont waste money or time informing someone who's uninterested. Our initial notification of claim letter stated this but that we'd happily provide updates on request. 

carly

Send it to your insurer, it is for them to deal with it.

rubble2

DullGreyGuy said:

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Neither insurance company were actually at the scene of the accident. Both will have taken some form of statement from their insureds about what happened. The insurers will then argue liability and quantum etc amongst themselves. 

As you did not claim for the damages you sustained your insurers will be in defence mode only as they dont have an outlay to recover. How long it takes therefore is totally dependent on the other insurer, what evidence they can produce and if either insurer can convince their insureds to take a split liability decision or concede liability. 

When it goes to court, given liability rather than quantum is in dispute, the judge is likely going to ask questions. As your insurers weren't there they cannot be sure they'll be able to answer the questions hence you are required to be there to defend why you feel you arent at fault. 

Ultimately if you arent prepared to go to court tell your insurers that, they will most likely state that they will concede liability as a result and deal with the third party's claims. 

Most insureds, in my experience, when there is no money on the line for them cease to be very interested in claims and what's happening so companies dont waste money or time informing someone who's uninterested. Our initial notification of claim letter stated this but that we'd happily provide updates on request. 

Thanks for the insight, wouldn't it have been prudent for my insurer to maybe come back to me once it was clear that the third party was involving solicitors and advise me as to the options regarding accepting liablilty or split liability before the costs escalated to the point of the courts getting involved?

Also, if I attend court and give my side of the story, would I be leaving myself liable for any of the costs should the decision go against me or would the liablity remain with my insurer?
Thanks

DullGreyGuy

rubble2 said:

DullGreyGuy said:

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Neither insurance company were actually at the scene of the accident. Both will have taken some form of statement from their insureds about what happened. The insurers will then argue liability and quantum etc amongst themselves. 

As you did not claim for the damages you sustained your insurers will be in defence mode only as they dont have an outlay to recover. How long it takes therefore is totally dependent on the other insurer, what evidence they can produce and if either insurer can convince their insureds to take a split liability decision or concede liability. 

When it goes to court, given liability rather than quantum is in dispute, the judge is likely going to ask questions. As your insurers weren't there they cannot be sure they'll be able to answer the questions hence you are required to be there to defend why you feel you arent at fault. 

Ultimately if you arent prepared to go to court tell your insurers that, they will most likely state that they will concede liability as a result and deal with the third party's claims. 

Most insureds, in my experience, when there is no money on the line for them cease to be very interested in claims and what's happening so companies dont waste money or time informing someone who's uninterested. Our initial notification of claim letter stated this but that we'd happily provide updates on request. 

Thanks for the insight, wouldn't it have been prudent for my insurer to maybe come back to me once it was clear that the third party was involving solicitors and advise me as to the options regarding accepting liablilty or split liability before the costs escalated to the point of the courts getting involved?

Also, if I attend court and give my side of the story, would I be leaving myself liable for any of the costs should the decision go against me or would the liablity remain with my insurer?
Thanks

Depends on the insurer... we would have but we were comfortable going against our clients views. There are other insurers who will stick with their clients views on liability a lot longer than us. Its also because its defence only... they are happy just batting everything away, if they had an outlay they'd have more reason to getting to a settlement. 

Your insurers will be covering the costs of court win or lose, only bit for you will just be the practicabilities of actually being in court potentially... though generally insurers will prefer cases to be judged by submission and if the judge won't go for that then by video conference. Costs everyone more if it's an in person hearing and with the sums claimed it will be Small Track so no lawyers being reimbursed by the other side etc. 

carly said:

Send it to your insurer, it is for them to deal with it.

So @carly your suggestion is the OP sends the email from their insurers back to their insurers saying they should deal with it? 

Insurers are fairly good at being self sufficient but we need to know things like if our insured is willing to go to court before we can decide the best course of action. 

rubble2

DullGreyGuy said:

rubble2 said:

DullGreyGuy said:

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Neither insurance company were actually at the scene of the accident. Both will have taken some form of statement from their insureds about what happened. The insurers will then argue liability and quantum etc amongst themselves. 

As you did not claim for the damages you sustained your insurers will be in defence mode only as they dont have an outlay to recover. How long it takes therefore is totally dependent on the other insurer, what evidence they can produce and if either insurer can convince their insureds to take a split liability decision or concede liability. 

When it goes to court, given liability rather than quantum is in dispute, the judge is likely going to ask questions. As your insurers weren't there they cannot be sure they'll be able to answer the questions hence you are required to be there to defend why you feel you arent at fault. 

Ultimately if you arent prepared to go to court tell your insurers that, they will most likely state that they will concede liability as a result and deal with the third party's claims. 

Most insureds, in my experience, when there is no money on the line for them cease to be very interested in claims and what's happening so companies dont waste money or time informing someone who's uninterested. Our initial notification of claim letter stated this but that we'd happily provide updates on request. 

Thanks for the insight, wouldn't it have been prudent for my insurer to maybe come back to me once it was clear that the third party was involving solicitors and advise me as to the options regarding accepting liablilty or split liability before the costs escalated to the point of the courts getting involved?

Also, if I attend court and give my side of the story, would I be leaving myself liable for any of the costs should the decision go against me or would the liablity remain with my insurer?
Thanks

Depends on the insurer... we would have but we were comfortable going against our clients views. There are other insurers who will stick with their clients views on liability a lot longer than us. Its also because its defence only... they are happy just batting everything away, if they had an outlay they'd have more reason to getting to a settlement. 

Your insurers will be covering the costs of court win or lose, only bit for you will just be the practicabilities of actually being in court potentially... though generally insurers will prefer cases to be judged by submission and if the judge won't go for that then by video conference. Costs everyone more if it's an in person hearing and with the sums claimed it will be Small Track so no lawyers being reimbursed by the other side etc. 

carly said:

Send it to your insurer, it is for them to deal with it.

So @carly your suggestion is the OP sends the email from their insurers back to their insurers saying they should deal with it? 

Insurers are fairly good at being self sufficient but we need to know things like if our insured is willing to go to court before we can decide the best course of action. 

Thanks for your information, it is beginning to make more sense now. I do feel that the way the email from my insurer was worded

  'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party and the duty of care would lie upon the party reversing. Therefore please confirm if you will attend court.'

suggests that it is me rather than my insurer who would be held liable for the outcome of the court hearing - they don't exactly come over as being on my side!

I am awaiting further communication from the claims handler responsible for my particular incident so I will raise the questions I have directly with her - thanks again for your expertise.

Aretnap

rubble2 said:

DullGreyGuy said:

rubble2 said:

DullGreyGuy said:

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Neither insurance company were actually at the scene of the accident. Both will have taken some form of statement from their insureds about what happened. The insurers will then argue liability and quantum etc amongst themselves. 

As you did not claim for the damages you sustained your insurers will be in defence mode only as they dont have an outlay to recover. How long it takes therefore is totally dependent on the other insurer, what evidence they can produce and if either insurer can convince their insureds to take a split liability decision or concede liability. 

When it goes to court, given liability rather than quantum is in dispute, the judge is likely going to ask questions. As your insurers weren't there they cannot be sure they'll be able to answer the questions hence you are required to be there to defend why you feel you arent at fault. 

Ultimately if you arent prepared to go to court tell your insurers that, they will most likely state that they will concede liability as a result and deal with the third party's claims. 

Most insureds, in my experience, when there is no money on the line for them cease to be very interested in claims and what's happening so companies dont waste money or time informing someone who's uninterested. Our initial notification of claim letter stated this but that we'd happily provide updates on request. 

Thanks for the insight, wouldn't it have been prudent for my insurer to maybe come back to me once it was clear that the third party was involving solicitors and advise me as to the options regarding accepting liablilty or split liability before the costs escalated to the point of the courts getting involved?

Also, if I attend court and give my side of the story, would I be leaving myself liable for any of the costs should the decision go against me or would the liablity remain with my insurer?
Thanks

Depends on the insurer... we would have but we were comfortable going against our clients views. There are other insurers who will stick with their clients views on liability a lot longer than us. Its also because its defence only... they are happy just batting everything away, if they had an outlay they'd have more reason to getting to a settlement. 

Your insurers will be covering the costs of court win or lose, only bit for you will just be the practicabilities of actually being in court potentially... though generally insurers will prefer cases to be judged by submission and if the judge won't go for that then by video conference. Costs everyone more if it's an in person hearing and with the sums claimed it will be Small Track so no lawyers being reimbursed by the other side etc. 

carly said:

Send it to your insurer, it is for them to deal with it.

So @carly your suggestion is the OP sends the email from their insurers back to their insurers saying they should deal with it? 

Insurers are fairly good at being self sufficient but we need to know things like if our insured is willing to go to court before we can decide the best course of action. 

Thanks for your information, it is beginning to make more sense now. I do feel that the way the email from my insurer was worded

  'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party and the duty of care would lie upon the party reversing. Therefore please confirm if you will attend court.'

suggests that it is me rather than my insurer who would be held liable for the outcome of the court hearing - they don't exactly come over as being on my side!

It's slightly legalistically worded, but ultimately it's the case you ARE liable as you are the one who (allegedly) caused the accident. Your insurer isn't (directly) liable because nobody is claiming that your insurer caused the accident or damaged the other guy's car.

However you have insurance which covers your liabilities, so even if you are ultimately found to be liable, it will be your insurer who pays up at the end of the day, not you personally.

DullGreyGuy

rubble2 said:

DullGreyGuy said:

rubble2 said:

DullGreyGuy said:

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Neither insurance company were actually at the scene of the accident. Both will have taken some form of statement from their insureds about what happened. The insurers will then argue liability and quantum etc amongst themselves. 

As you did not claim for the damages you sustained your insurers will be in defence mode only as they dont have an outlay to recover. How long it takes therefore is totally dependent on the other insurer, what evidence they can produce and if either insurer can convince their insureds to take a split liability decision or concede liability. 

When it goes to court, given liability rather than quantum is in dispute, the judge is likely going to ask questions. As your insurers weren't there they cannot be sure they'll be able to answer the questions hence you are required to be there to defend why you feel you arent at fault. 

Ultimately if you arent prepared to go to court tell your insurers that, they will most likely state that they will concede liability as a result and deal with the third party's claims. 

Most insureds, in my experience, when there is no money on the line for them cease to be very interested in claims and what's happening so companies dont waste money or time informing someone who's uninterested. Our initial notification of claim letter stated this but that we'd happily provide updates on request. 

Thanks for the insight, wouldn't it have been prudent for my insurer to maybe come back to me once it was clear that the third party was involving solicitors and advise me as to the options regarding accepting liablilty or split liability before the costs escalated to the point of the courts getting involved?

Also, if I attend court and give my side of the story, would I be leaving myself liable for any of the costs should the decision go against me or would the liablity remain with my insurer?
Thanks

Depends on the insurer... we would have but we were comfortable going against our clients views. There are other insurers who will stick with their clients views on liability a lot longer than us. Its also because its defence only... they are happy just batting everything away, if they had an outlay they'd have more reason to getting to a settlement. 

Your insurers will be covering the costs of court win or lose, only bit for you will just be the practicabilities of actually being in court potentially... though generally insurers will prefer cases to be judged by submission and if the judge won't go for that then by video conference. Costs everyone more if it's an in person hearing and with the sums claimed it will be Small Track so no lawyers being reimbursed by the other side etc. 

carly said:

Send it to your insurer, it is for them to deal with it.

So @carly your suggestion is the OP sends the email from their insurers back to their insurers saying they should deal with it? 

Insurers are fairly good at being self sufficient but we need to know things like if our insured is willing to go to court before we can decide the best course of action. 

Thanks for your information, it is beginning to make more sense now. I do feel that the way the email from my insurer was worded

  'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party and the duty of care would lie upon the party reversing. Therefore please confirm if you will attend court.'

suggests that it is me rather than my insurer who would be held liable for the outcome of the court hearing - they don't exactly come over as being on my side!

I am awaiting further communication from the claims handler responsible for my particular incident so I will raise the questions I have directly with her - thanks again for your expertise.

From your position, you are the first party, you as the driver will be the one thats liable or not for the accident. Your insurer is the second party and will indemnify you, ie they will settle your liability on your behalf. The other driver is the third party and anyone working for them is the TP solicitors, or TP Insurers. 

Ideally they'd have been more reassuring in their letter but however nice or not the letter is they arent disputing you have cover for the incident and therefore would be the ones picking up the bill should the court rule against you. 

LightFlare

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Thanks

Can you expand on the actual incident - i'm struggling to see how you can "broadside" another vehicle, yet not be at fault

carly

Sorry, I misread the original post as saying that the email came from the 3rd party's insurer.  

cw8825

rubble2 said:

I was involved in a minor car accident on 25/12/23 - for context I opted to pay for my own repairs without claiming on my insurance and the damage cost £250 to repair at an established local body shop.
Immediately after the incident I notified my insurer and stated that I didn't believe that I was at fault and I included a photograph of the damage to the third party vehicle - a scratch and shallow dent to the rear door.
I was in contact with the third party and asked them to provide me with their insurance details (which they never provided to me but I assume was provided to my insurer)

I heard nothing further about the incident so at the end of February 2024 I contacted my insurer for an update and was then asked if there were any witnesses to the event. I explained that the only witnesses were my family members who were in my car at the time -understanably they were not considered to be impartial.

In May 2024 I renewed my insurance with the same company at which point no reference was made to the claim either as being settled or ongoing.

So, from February 2024 which was initiated by me I have had no further communication from my insurer untill this morning when I received an email stating.

'With reference to the above dated incident, Please find attached a Final Notice from the third parties Solicitors to issue proceedings against you.
They continue to hold you fully liable for this accident as you were the reversing party. Therefore please confirm if you will attend court.'

Attached to the mail is a claim fom the third party solicitor for the sum of £4557.61 .

My understanding is that I pay my insurance and I therefore expect my insurer to handle the claim on my behalf - I am struggling to see how that situation can result in me being expected at attend court when I have had no contact whatsoever about this incident for 15 months and quite frankly I naively thought that the claim had gone away.

Leaving aside the issue of liability - why was I not kept updated regarding the progress of this claim until the point where the third party solicitor issues a 'Final Notice' for payment and in the solictors letter it states that 'We understand that our client has been in touch with you (my insurer) regarding this outstanding sum and you have failed to payment to date' 

I would appreciate any feedback on this situation and would welcome opinion as to wether I am being unreasonable in being dissapointed in the way this is being handled.

Thanks

How would you have expected them to handle the situation?
They did as you asked and denied liability to the point the other side have, issued proceedings, If you were the reversing party and there's no other evidence against the third party, they could have accepted liability earlier and settled the third party claim.

There's generally little need for them to update you, unless something new has come to light.