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We have the VRM number of the vehicle and our insurers have made contact with the driver's insurance company and had a response form them accepting their insured was responsible
Are you waiting information from me?
Are your own insurers going to pursue the other side?
They have written to say they are going to close the file and that we will have to accept "a fault claim"
OK, you can issue proceedings yourself against the insurer if you know who they are
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Can I clarify anything about this today please?
Can I write to my insurers to say if they will not pursue the other party I will complain to the insurance Ombudsman?
Can I request my insure to reopen the file - if they refuse can I complain to the insurance Ombudsman?
You can, but its a matter insurance company. You cant MAKE the insurance company pursue it
In your policy it will state its a matter of their discretion
But you can issue a small claim, its a straight forward process
Can I ask my insurers to reopen the file and if they refuse complain to the insurance Ombudsman? Are they required to give me the name of the third party insurers?
You can yes. You will have 3 years to bring a claim against the other insured.
Yes they should give you the details of the other insured. If they refuse you can seek a Court order compelling them
Does that help?
Thanks that is not necessarily what I wanted to hear but it has clarified things
Indeed. I can only tell you what the legal procedure is sadly.
Can I clarify anything else ?
Thank you help