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  • FIRST POST
    • Daniellexo1
    • By Daniellexo1 7th Feb 18, 10:40 PM
    • 3Posts
    • 0Thanks
    Daniellexo1
    Threatening Court Action
    • #1
    • 7th Feb 18, 10:40 PM
    Threatening Court Action 7th Feb 18 at 10:40 PM
    In July 2016 I was involved in a car collision, a lady went right into the back of me when I stopped to give way to another car. She claimed that I reversed into her! She had a lot of damage to the front of her car but all my car had was a scratch with a bit of paint transfer that came off when I washed it, so I didnít feel the need to claim. The insurance companies went back and forth for a few months. I provided all the photos and drawings that they requested. As far as I am aware the woman didnt provide any evidence to support her claim. The claim was closed in November 2016 and found that I was not at fault.

    I came home today to a letter from our insurer at the time stating that the 3rd party holds me responsible and are chasing liability. They are threating court action. How can this happen? Itís been a year and a half since the accident. Itís really annoyed me! Iím absolutely fuming.
Page 1
    • debtdebt
    • By debtdebt 7th Feb 18, 10:50 PM
    • 450 Posts
    • 298 Thanks
    debtdebt
    • #2
    • 7th Feb 18, 10:50 PM
    • #2
    • 7th Feb 18, 10:50 PM
    They have up to 3 years to issue a claim for personal injury and 6 years if it's monetary loss only. 18 months is nothing.
    • Daniellexo1
    • By Daniellexo1 7th Feb 18, 11:01 PM
    • 3 Posts
    • 0 Thanks
    Daniellexo1
    • #3
    • 7th Feb 18, 11:01 PM
    • #3
    • 7th Feb 18, 11:01 PM
    But how can they claim that I am liable when the crash was their fault? She went into the back of me...
    • debtdebt
    • By debtdebt 7th Feb 18, 11:16 PM
    • 450 Posts
    • 298 Thanks
    debtdebt
    • #4
    • 7th Feb 18, 11:16 PM
    • #4
    • 7th Feb 18, 11:16 PM
    They can claim what they like. It's down to them to prove it in Court. The judge will make the final decision.
    • RichardD1970
    • By RichardD1970 8th Feb 18, 7:29 AM
    • 2,916 Posts
    • 4,306 Thanks
    RichardD1970
    • #5
    • 8th Feb 18, 7:29 AM
    • #5
    • 8th Feb 18, 7:29 AM
    This seems to be happening quite a bit lately.

    Bloke at work has had the same, person went into back of his wife. 3rd party held responsible.

    Cars all fixed under insurance, courtesy car supplied, wife having physio, all paid by 3rd party insurers. Claim closed.

    His insurance contacted him about 2 months later, told him that the 3rd party had put in a claim against his insurance for personal injury.

    Explained it all to the person on the phone and they just said they will investigate. No updates since.
    • Daniellexo1
    • By Daniellexo1 9th Feb 18, 12:03 PM
    • 3 Posts
    • 0 Thanks
    Daniellexo1
    • #6
    • 9th Feb 18, 12:03 PM
    • #6
    • 9th Feb 18, 12:03 PM
    So I found out that itís because they donít want to pay for the repairs on their car so they are threatening court action. The cars been repaired but they want my insurance to pay for it
    • DoaM
    • By DoaM 9th Feb 18, 1:22 PM
    • 4,284 Posts
    • 4,330 Thanks
    DoaM
    • #7
    • 9th Feb 18, 1:22 PM
    • #7
    • 9th Feb 18, 1:22 PM
    Just inform your insurer (if they don't know already) and tell them "Non fault claim - you've already assessed it. Deal with it. If you require me to attend court as part of the process then I'll abide by my legal requirements as defined in my policy document".

    (And check the policy - it likely states that you must assist the insurer in any claim investigation, including attending court if necessary).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
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