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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

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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
Hi thanks for your question. My name is***** can answer your question.
Don't worry about this - that's the first thing.
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 2 years ago.
but the letter says it has been passed to court to claim against such?
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 2 years ago.
we think it may be fees that have not been paid?
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.
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 2 years 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
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 2 years ago.
We only 5 days from yesterday to resolve this by the looks of it
Customer: replied 2 years ago.
We don't know why they are perusing us and not the insurance
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 2 years 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 ?
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 2 years 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
Absolutely. That is exactly what you should do.
Customer: replied 2 years ago.
So we don't contact her solicitors at all to see what's going on?
No. Your insurers legal team.
Customer: replied 2 years 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 ?
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 2 years ago.
If we get taken to court or bailiffs come what do we do?
Customer: replied 2 years ago.
Hello Tony are you still there?
Customer: replied 2 years ago.
If we get no joy and it goes to the next stage what do we do ?
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 and other Traffic Law Specialists are ready to help you
Customer: replied 2 years 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