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tdlawyer
tdlawyer, Lawyer
Category: Traffic Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on traffic law issues.
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We are responsible into the back of another

Resolved Question:

Hi we are responsible for running into the back of another vehicle-as far as we were concerned it all went through our insurance and they got paid out. now we are receiving notification to say that the claim is going to court we spoke to our insurance couple of weeks ago and they said it's been settled we don't know what to do as offices are closed until Monday
Submitted: 10 months ago.
Category: Traffic Law
Expert:  tdlawyer replied 10 months ago.
Hi thanks for your question. My name is***** can answer your question.
Expert:  tdlawyer replied 10 months ago.
Don't worry about this - that's the first thing.
Expert:  tdlawyer replied 10 months ago.
The insurance company will sort this for you when they re-open Monday. They are obliged under your insurance policy to cover the claim. That's the whole point of having insurance.
Customer: replied 10 months ago.
but the letter says it has been passed to court to claim against such?
Expert:  tdlawyer replied 10 months ago.
The position is simple. If the claim has been settled by the insurer there will be no right to pursue the claim for the other driver.
Customer: replied 10 months ago.
we think it may be fees that have not been paid?
Expert:  tdlawyer replied 10 months ago.
Then if it is due to fees the insurer needs to simply pay them. I expect it would be an oversight. It's important for you to pass it back to your insurer.
Expert:  tdlawyer replied 10 months ago.
If you do anything without notifying your insurer (I'm sure you won't) then it could prejudice your interests under your policy.
Customer: replied 10 months ago.
We have done a few weeks ago and they said it was all sorted but now we have this letter we spoke to their solicitor and they said the file hasn't been closed but ours say it has now we get this letter
Expert:  tdlawyer replied 10 months ago.
Seems like somebody somewhere has missed something. Just send the letter to them on Monday and ask them to respond specifically to it.
Customer: replied 10 months ago.
We only 5 days from yesterday to resolve this by the looks of it
Customer: replied 10 months ago.
We don't know why they are perusing us and not the insurance
Expert:  tdlawyer replied 10 months ago.
It's only a letter - it's not a formal claim from the court. Just send that back to the insurers and ask them to deal as they have to pick up liability under the insurance policy.
Customer: replied 10 months ago.
Just my wife is getting upset as it is addressed to her and from the claimant like she is perusing us when we got told she has been paid out ?
Expert:  tdlawyer replied 10 months ago.
I understand that. Mistakes happen and somebody has seemingly missed something. But, you wouldn't want to do anything without going back to your insurer, for two reasons really, as they have right under what we call subrogation to dea with this, and secondly, you dealing may invalidate your cover.
Customer: replied 10 months ago.
Yes we have no intention of sorting ourselves but just concerned that this is still going onWe just scan and email the legal team handling it I assume at our insurers
Expert:  tdlawyer replied 10 months ago.
Absolutely. That is exactly what you should do.
Customer: replied 10 months ago.
So we don't contact her solicitors at all to see what's going on?
Expert:  tdlawyer replied 10 months ago.
No. Your insurers legal team.
Customer: replied 10 months ago.
Ok as we have got a number for their body injury claims but not their legal team they have been terrible just a shock to get this letter but you say this is normal practice is it ?
Expert:  tdlawyer replied 10 months ago.
Not normal to write for outstanding fees after a case is settled that's why I thought something might have been missed by somebody.
Customer: replied 10 months ago.
If we get taken to court or bailiffs come what do we do?
Customer: replied 10 months ago.
Hello Tony are you still there?
Expert:  tdlawyer replied 10 months ago.
Yes.
Customer: replied 10 months ago.
If we get no joy and it goes to the next stage what do we do ?
Expert:  tdlawyer replied 10 months ago.
If they sue you then you could defend that claim IF your insurer does nothing. That's highly unlikely as they have to pay the claim you see.
tdlawyer, Lawyer
Category: Traffic Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on traffic law issues.
tdlawyer and other Traffic Law Specialists are ready to help you
Customer: replied 10 months ago.
Ok let's hope it's some sort of mix up and we will speak to the insurers again on Monday -thanks for your advice Tony

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