Money Claim against me for an accident where I wasn't present

mrsbarbieflies

I have been issued with a money claim for damages to another vehicle that occured when my daughter was driving my husband's car. She did not dispute the incident, all details were sent to the insurance company and we believed they were dealing with the claim accordingly.

I have now been issued with a money claim despite not being the owner or the driver. I sent a defence with those facts but have now been told I am being sent a direct questionnaire. Can a claim me made against me even though I wasn't there or the owner of the car??

Note we are following up with the insurance company to see why they haven't settled the claim.

Mildly_Miffed

Who is the policyholder of the insurance being claimed against?
Who is the keeper of the vehicle?

Unless one of those two is you, I don't understand why they even have your name in connection with this incident.

Mark_d

I wonder how the claimant got your details given that it's your husband's car and your daughter was driving.  Do you think your daughter might have given your details when she had the accident?

DullGreyGuy

mrsbarbieflies said:

I have been issued with a money claim for damages to another vehicle that occured when my daughter was driving my husband's car. She did not dispute the incident, all details were sent to the insurance company and we believed they were dealing with the claim accordingly.

I have now been issued with a money claim despite not being the owner or the driver. I sent a defence with those facts but have now been told I am being sent a direct questionnaire. Can a claim me made against me even though I wasn't there or the owner of the car??

Note we are following up with the insurance company to see why they haven't settled the claim.

Who's the policyholder?
Why did you send a defence rather than contact your insurer?

Anyone can sue anyone in the UK, just suing someone without going through due process and without basis just means you are throwing good money away. 

Ultimately contact the insurers now, they would have dealt with the matter had you contacted them before the defence was filed but having filed the defence they may allow you to deal with this litigation and them then wait for a new claim to be issued agains your daughter. She must forward the claim to her insurers unresponded to. It's sensible to give them call to give them the heads up its coming and they may give you different instructions on how to get it to them. 

mrsbarbieflies

Thanks for all the replies.

A insurance claim is going through my husband's insurance company so I have no idea why this claim was sent directly to me - yes my daughter gave my contact details at the time of the incident but I sent on my husband's insurance details the day after.

I have just found out that the insurance company have paid the claim in full so hopefully this claim against me will be dropped. Thanks again for all the replies - I appreciate you taking the time to respond.

Mildly_Miffed

mrsbarbieflies said:

my daughter gave my contact details at the time of the incident

And there's the answer.

The insurer have paid the claim in full - at least, that part of it they've received. This may be additional claim for things not covered previously. Just pass it to the insurer.

paul_c123

Did your daughter also give her own details at the time of the incident? Or did she give only yours (qualified as "this is my mum's details" or not)?

paul_c123

Also just for info, I am assuming both you and your daughter are insured on the car - as a sanity check, is this true?

Okell

mrsbarbieflies said:

... I have just found out that the insurance company have paid the claim in full so hopefully this claim against me will be dropped...

But have you informed your husband's insurance company that you personally have received an additional claim?

You need to make sure the claim against you is dropped - not just hope it is - or make sure you pass it onto your husband's insurer.  You really should have passed it onto them when you first received it and not filed a defence yourself.  (Assuming that is that you are covered on your husband's insurance)