Threatening Court Action

Daniellexo1 · 7 February 2018 at 11:40PM

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 didn’t 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? It’s been a year and a half since the accident. It’s really annoyed me! :mad: I’m absolutely fuming.

debtdebt · 7 February 2018 at 11:50PM

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 · 8 February 2018 at 12:01AM

But how can they claim that I am liable when the crash was their fault? She went into the back of me...

debtdebt · 8 February 2018 at 12:16AM

They can claim what they like. It's down to them to prove it in Court. The judge will make the final decision.

RichardD1970 · 8 February 2018 at 8:29AM

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 · 9 February 2018 at 1:03PM

So I found out that it’s because they don’t 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 :rotfl:

DoaM · 9 February 2018 at 2:22PM

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).

Threatening Court Action

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