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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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In September 2015 my wife had a car accident. She has been

Resolved Question:

Hello. In September 2015 my wife had a car accident. She has been in hospital ever since and will stay in hospital/care for the rest of her life to significant brain damage that means she cannot do anything for herself.
Yesterday we received a letter from the other pesons insurer (RAC) stating they were starting legal proceedings under section 152 as my wife insurer (AVIVA) have not paid out on an uninsured loss claim of £5.5k.
Is the legal action against AVIVA or my wife? We did have fully comprehensive cover.
If its against AVIVA why was the letter sent to my wife?
If its against my wife what happens as she has so much brain damage she couldn't attend court, write a cheque or authorise the bank to make payment. Nor take out a loan to cover the payment as she will never be able to earn again.
Also, where do the RAC get off sending a letter demanding £5.5k in two weeks without providing any proof of the uninsured loss was genuine? The whole letter is written in an intimidating tone I believe to scare my wife into paying.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare and I shall do my best to help you

I am sorry that you have had this extra pressure at this time.

The action that will be taken (if any) is taken against your wife as the person involved, but is dealt with and settled by Aviva who are her insurers.

The letter (and any action) is sent to her - but it is Aviva who will actually deal with it.

All you need to do is pass the letter to them and ask them to deal with it.

Please ask if you need further details

Customer: replied 1 year ago.
Thank you very much for your response.
But if AVIVA dont deal with it is there any chance my wife could be summoned to court (which would be farcical as she doesn't even know her own name anymore and is bed bound).
Expert:  Clare replied 1 year ago.

If Aviva are negligent and do nothing then yes there is a chance that your wife could receive a c= Court Claim.

You would then have to deal with it as her "litigation friend" - while making sure that Aviva starts to do what they are paid for!

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Aviva have been rubbish on this claim from the start, Even for us. But if they insist on Anuja going to court she will not be able to receive the 24/7 nursing care she requires and we will sue them to then ends of the earth for putting her life at risk. Anuja always was a fighter for justice so I feel beholden to carry that on for her.Thank you for your help.
Expert:  Clare replied 1 year ago.

You ar every welcome and I hope that Aviva act appropriately - and I am so very sorry for your troubles