Privilege car insurance

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datsun770
datsun770 Posts: 20 Forumite
in Insurance & life assurance
Hi folks

Wife crashed her car last April. Long story short. Found liable for crash although due to a communication breakdown (on their part) this wasn't agreed till December 2017.

We get told they will have to pay out to other party and accept liability. FINE. We don't hear anything else about it. Think that's it resolved.

NOW.

Friday 6th April we receive court papers. We are being taken to court by the 3rd party as Privilege havnt paid out.

My wife who has just given birth and suffering from post natal depression gets the papers and is beside herself with worry.

I've gotten through to complaints and they admit the have made a catastrophic error. The say they will make an offer of compensation but my question is, what's an acceptable amount for this type of error. It's caused severe stress and Inhave sent countless hours on this from day one. The only way I can get any sense from them is via Twitter believe it or not.

Anyone have an idea what is fait compensation?

Regards

D

Comments

  • huckster
    huckster Posts: 4,821 Forumite
    First Anniversary Name Dropper First Post
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    Just make sure they deal with the court claim and they either get the third party to withdraw or the claim is acknowledged online within the time period allowed. You get 19 days from the date on the claim form to acknowledge, which is 5 days to allow for postal service and 14 days to acknowledge.

    If the original court claim paper is being sent to Privledge, keep a copy and make sure it is dealt with. If Priviledge don't acknowkedge within the period allowed, then acknowledge to defend in full. Defence is that the third party has not provided sufficient evidence to support the claim to the defendant and the defendants Insurers Priviledge are dealing with the claim. At least this stops a CCJ by default and allows time for Priviledge to deal with claim. Better to do this than your Wife getting more stressed with a CCJ.

    As for compensation, if this was the FOS deciding, it would be a token amount £100, if you are lucky. Ask for £250 and you may get less. Insurers are not generous, unless there is a proven financial loss amount.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • datsun770
    datsun770 Posts: 20 Forumite
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    Thanks for the very informed and detailed reply. Very much appreciated.
  • FutureGirl
    FutureGirl Posts: 1,252 Forumite
    First Anniversary Combo Breaker First Post
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    There are many reasons why you'd receive Court papers. If the insurers have told you they have to deal with the claim, it's likely the third party is taking you to court over the cost of their claim, rather than liability. (Your insurer won't just pay out for what the third party wants). If this is the case, then the insure has done nothing wrong.

    The third party 'sues' you as you are the 'negligent' person - your insurer then indemnifies you. The third party solicitor should have issued proceedings on your insurer / their nominated solicitors, not you.

    Send the paperwork to your insurer ASAP as they'd only have 14 days to acknowledge this claim form.
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