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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69509
Experience:  Over 5 years in practice
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Hi. My partner was involved in a minor car accident, resulting

Customer Question

Hi. My partner was involved in a minor car accident, resulting in a very minor scratch to both vehicles. All the information was passed to the insurance companies and as far as we knew everything was being dealt with. approx 3 weeks ago a letter came through from the other parties solicitor with details of a claim and the intention to take it to court as it was outside the figure our insurance felt was reasonable. Our insurance company said to send all the documents through to them and they would deal with it and ensured us they would respond to the court in the 14 day time scale stated in the letter. Today we've had a letter from the court saying that as nothing was posted with the court, the court found in the other parties favour. we're now worried that in the next few days we'll get a judgement stating we'll have to pay somewhere in the region of £15000 as our insurance haven't done as they said they would. where do we stand with this? is it our responsibility or is it down to our insurers to fight it out further?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Since getting this document from the court, presumably a court order, have you spoken to your insurer about this?

Why are you concerned that the claim will be for £15,000 when you say it was a very minor scratch to both vehicles?

Was it your partner's fault?
Customer: replied 2 years ago.

Hi Jo


 


My partner has spoken to the insurers, and the solicitors acting on their behalf. Since forwarding the court order onto them there have been a couple of emails chasing them and voice mails left.


 


It was my partners fault and although she admitted no liability the insurance company did so on her behalf.


 


The scratch on my partners car we polished out so very minimal damage, and from the photographs the scratch on the other persons car should have polished out quite easily. All photos of both vehicles were forwarded to the insurers.


 


The court order was to try and get payment of just over £10,000 for the accident leading to "anxiety" and "a fear of driving" and £400 for physio, - which considering at the time she wasn't even sure she'd been hit seems a bit odd! This was why the insurance company wanted to take the matter to court. Since forwarding them the court order< which had to be posted at the court within 14 days they don't appear to have done that, and the letter that has arrived today says "No acknowledgement of service having been filed it is ordered the defendant must pay the claimant an amount which the court will decide, and costs"


 


Matt

Expert:  Jo C. replied 2 years ago.
Thank you.

I think this is a spurious claim and I can understand now why the insurance company wanted to defend it or rather they were going to defend it had they actually filled the papers in and sent them off!

The insurance company are now going to have to do make an application to court, or use solicitors to do it, to get the judgement set aside pending a full hearing.

I think you have a justifiable complaint to make to the insurance company and I also think that you have a justifiable complaint about the insurance company to make to the Financial Ombudsman.

I would get that complaint together now.

Just because the claim had a limit of £10,000 does not necessarily mean that the other driver would get anything like that and I think the best the other driver could hope for particularly in view of the nature of
the accident would be low thousands.

Meanwhile keep chasing the insurance company to make sure that they are actually dealing with this.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks Jo


 


i just wanted to get some idea of whether this claim could come back on my partner at all or whether it should all be sorted out by the insurance. Does the fact the "judgement for claimant" from the court has my partners name on it mean the claim is purely against my partner or is it still possible/likely to be sorted out by the insurers?


 


Matt

Expert:  Jo C. replied 2 years ago.
It should be sorted out by the insurance company.

However if the insurance company (for some reason) decide not to deal with it the claimant will ultimately seek recompense from your partner. That is why this should be dealt with by way of formal complaint to the company and the Financial Ombudsman as soon as possible and you should advise the claimant of that fact.

The claim was always against your partner because she was the driver. It is just that the insurance company usually deal with the claim on her behalf.


It is normal, if an insurance company will simply not deal with something, to issue proceedings against the individual because the individual then brings pressure to bear on the insurance company to deal with the proceedings.
Jo C., Barrister
Category: Law
Satisfied Customers: 69509
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.

Thanks for all your help


 


Matt

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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