Car Insurance Help - Were do I stand

aftershockbm

I had a car accident in October 06 in which it was the other drivers fault. He is blaming me, I am blaming him. We are both insured by Norwich Union, one Norwich union direct and the other Norwich union. His Norwich union insurance is in the UK, mine is in India (off shored). As it was 2 Norwich union's the claim was taken in house. The guy had his car fixed and paid £250 excess, I choose to wait till it was decided it was the other car fault before getting my car fixed avoiding the excess. The dispute still has not been settled dispute me phone numerous time to Norwich union. About a year ago the other driver got a solicitor involved to retrieve his excess and am being constantly bombarded with telephone calls and letters from the solicitor threatening to take me to court for the excess unless I pay them. They are doing this because my insurance company are not talking to them. My question is where do I stand can they take me to court and do I have to pay? I have 2 witnesses to the accident and have been told if you have witnesses you cannot be taken to court. Can someone please clarify my legal position; also can I take Norwich union to court over this harassment. I would also like to take the solicitor to court as they have been harassing me for 1 year. They have just sent me another letter informing me unless the matter is dealt with they will issue court proceedings.

raskazz

Firstly, the fact the both drivers are with Norwich Union doesn't really help much as NU have to deal with each claim separately to avoid a conflict of interest (it would be in NU's interest just to declare it 50:50 and be done with it, of course this would be unfair to any genuinely innocent party).

I doubt that the third party's solicitors are being ignored - more likely NU are not paying thethird party's uninsured losses claim and the third party solicitors are trying to force the issue.

All you have to do is forward any letters from the third party or third party solicitor to NU and let them deal with it. Don't respond to them, this can only lead to distress.

Of course you can be taken to court regardless of whether you have no witnesses or 100 witnesses.

You cannot take Norwich Union or anyone else to court over the 'harrassment' as firstly they are not the ones 'harrassing' you and secondly the third party solicitors are not 'harrassing' you, they are merely following legal procedures.

*MF*

NB:

2 threads opened by OP and both getting replies

Other thread here:

http://forums.moneysavingexpert.com/showthread.html?p=11220441#post11220441