Car Insurance Small Claims Court

Dudalbugs

My insurance company (LV) want me to pursue their losses through the County Court (Small Claims) using a solicitor. Apparently the other party's insurance company are refusing to pay, following an accident that was his fault (we were stationary sat at a junction) 2 months ago.
Is this the usual procedure? Do I have to do this, and what are my choices?

Mildly_Miffed

Yes, it's the normal procedure, and yes, you have to.

The case is between you and the other driver. The insurers are merely indemnifying the costs of each party.

Also, your insurance policy requires you to. You agreed to this when you bought the policy. If you refuse, you will get handed the bill by your insurer, who will just walk away and leave you to it.

cw8825

you need to go along with them, it is part of your agreement
they are pursuing losses on your behalf
it is standard procedure, if it is as straightforward as you say, unlikely to reach court, 

DullGreyGuy

Dudalbugs said:

My insurance company (LV) want me to pursue their losses through the County Court (Small Claims) using a solicitor. Apparently the other party's insurance company are refusing to pay, following an accident that was his fault (we were stationary sat at a junction) 2 months ago.
Is this the usual procedure? Do I have to do this, and what are my choices?

The case is You -v- The Other Driver as you were the two involved in the accident not the insurance companies. Legally they dont need your support to issue proceedings however they weren't at the scene of the accident so if the judge asks questions they cannot reply to them hence they generally will need your support. Also, as they act in your name the one case has to cover both your uninsured losses and your insured losses, the former ow high they won't have knowledge of because it's not covered by them. 

You won't be the one issuing, you won't be the one doing the work, they are just checking that you are going to turn up to the court if its required etc so they can make an informed choice as if to issue or not. 

Whilst your policy book may state you have to the reality is not exactly that as insurers often won't issue if they have a hostile policyholder but if you dont support them its likely it will count as a fault claim as they won't recover their outlay. 

Dudalbugs

Thankyou for the comments