MIB paid out, insurance company trying to reclim payout from me? Can they do this?

[oddjobbob]

First ever post, so please be kind...

 

In January 2006 I was in a car accident (my fault). at the time I was in the motor trade and was insured, but the damage to the other party's car was minimal and I got it repaired for them by the professional repairshop I had used for years. They were happy with the repair... no isurance company involved, great, although I DID telephone the broker to say that I'd had an accident but wouldn't be claiming (they have no record of this, which is unsurprising as 5 1/2 years have gone by..)

 

Anyway about a year later I got a call from a no win no fee lawyer saynig that their client had whiplash. I told them I wanted nothing to do with it.

 

It went on and on, with Helphire getting involved, etc. but I stonewalled them and said I wouldn't get involved.

 

Earlier this year I got a summons from the MIB saynig thst they had paid out several thuosand pounds to the other party and that as an unisured driver I was liable!

 

I told them that I ws not and never had been an uninsured driver and gave them my details: apparently as it's the MIB the insurance company are compelled to pay the claim if I was insured with them at the time.

 

The brokers have today told me that they wouldn't e surprised if the insurance company subsequently came after me for the sun they've got to pay out.

 

Can they do this successfully?

 

Bob

[Mwynci]

potentially, they would have to have a pretty good reason to believe why you have prejudiced thier postition, and on the basis the MIB felt the third party claim was genuine enough, any point put across by your insurer will be pretty lame. There is a potential they may ask for increased solicotors costs (all those letters/phonecalls chasing you costs money), but again, they have to put a point across where they would not have incurred them had they not had the chance to deal.

They (your insurer) hold the certificate and are liable for the claim, they will have good reason to be P***ed at you, but, that's life and that's the business their in.

I'd just point blank refuse until they can provide the case why they feel you are liable for any of the costs and then if it's reasonable offer the minimum each month, they may just drop it.

[oddjobbob]

They want me to pay because I apparently failed to inform them of the accident within their time limit. They are saynig that because of this the claim is invalid and so I have to pay.

 

With hindsight I SHOULD have told them of the problem as soon as the words 'whiplash' were used, but I just thought 'No, I've fixed the car, paid out £1000+ of my own money, I'm NOT losing my NCB over a spuriuos hiplash claim'

 

So can they do this?

[Mwynci]

They can deffinately try, and that's where I need to be careful, I can't tell you to argue all the way if they are looking to take legal action against you.

As touched on above, if your delays have led to increased costs, they can probably try for that, but the rest you are covered for and possibly within your rights to claim for the repair costs you paid out to the third party vehicle from them, this is on the assumption you have documentation to back this.

I would suggest you go to the FOS about this, let the insurer you are doing this and ask them to withold any proceedings etc until the FOS have reviewed the case.

This will cost nothing, it will take a while (which might not be a bad thing in your case), the worst case senario is the FOS side with the insurer, however this is not legally binding for you, at least then you know without the risk of court involvement, plus the insurer if they know they are in the wrong may decide to change their tactic.

Please let us know how you get on.

[Ganymede]

You should re-post this in the legal issues forum...

[oddjobbob]

@ ganymede ... Probably excellent advice, but I can't see a forun labelled 'legal issues'.. can a moderator help?

 

@ mwynci ... thank you. I will. I don't know for SURE that they're going to do it, but if they do be assured I will use all available weapons!!

 

Bob

[Ganymede]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

[oddjobbob]

Thank you, have reposted there

[raydetinu]

I think it would be unlikely they would take you to court.

Your defence is quite simple really, in that you had contact with the TP at the time of the accident and as far as you were concerened it was settled.

Have you proof you paid for repairs etc. ( what you should of done is get them sign a note that this was in full and final settlement of any claim at the time )

Anyway, they could easily have notified you at or shortly after the incident that they wanted to claim further either directly or through their insurers or a solicitor.

Then it would of been handled by your insurers.

So suggest you put it back on them that they have left it too late.

[oddjobbob]

'I think it would be unlikely they would take you to court.

Your defence is quite simple really, in that you had contact with the TP at the time of the accident and as far as you were concerened it was settled'

 

GOOD ADVICE

 

'Anyway, they could easily have notified you at or shortly after the incident that they wanted to claim further either directly or through their insurers or a solicitor.

Then it would of been handled by your insurers.

So suggest you put it back on them that they have left it too late.'

 

I DIDN'T KNOW ABOUT THE 'WHIPLASH' TILL 6 MONTHS LATER... AND I JUST THOUGHT NO YOU'VE BEEN PAID NOW S*D OFF!

 

SO I LEFT IT TOO LATE NOT THE INSURERS.

 

However, I think that if they DO press me for mnoey, I'll counterclaim the repair costs (after all I WAS insured) and the onlly thnig after that is any excess charges due to the delay such as interest etc... after all the 'whiplash' was something they would have had to settle anyway.

 

Also, it may well be in their 'rules' that I have to inform them within 6 mnoths in writingor whatever, but I DID telephone the broker at the time (no record held) and after all I am not an insurance expert and I think I can reasonably show that I acted in good faith by trying to keep any loss to a minimum.

 

If anyone has anythoughts on that aspect would be pleased to hear them.

 

Bob

[Ganymede]

I don't think your argument that you told the Claimant to "sod off" as they waited 6 months to claim for their injury will hold any weight to be honest. You have been obstructive in refusing to co-operate with your insurers and the claim.

 

Repair costs are a separate head of claim and not related to any injury payment.

 

Also, you cannot counter claim for your repair costs etc as YOU were the negligent party.

[oddjobbob]

Hi ganymede

 

Well obviuosly I hope you're wrong, but I've no idea.

 

The TP did NOT have whiplash and was in fact building an extension on his house... you can't carry a hod with whiplash.. but notwithstnding that, yes I was at fault, but that surely is the whole idea of insurance.. I could have left it to them but chose to pay the claim myself... had I claimed from them, the fact that I was at fault surely makes no difference.

 

I wasn't being obstructive with the insurers, only the TP as I knew his whiplash claim was spurious... except that the MIB have now paid him so there's mothing I can do.

 

If they come after me, then I'll speak / write to them and try to settle it amicably... if they won't then we'll have to have our day in court... but I'm anxiuos to avoid this if possible as I've never been (I know, an ex car dealer that's never been to court!)

 

Time will tell s they say.....

 

Bob

[Ganymede]

Problem is they have a medical report saying that he did have whiplash so it doesn't really matter if you think its a spurious or not.

 

You settled part of the claim yourself, unfortunately you didn't settle it all.

 

Have you spoken to your insurer since and told them about the MIB's claim?

[oddjobbob]

'Problem is they have a medical report saying that he did have whiplash so it doesn't really matter if you think its a spurious or not.'

 

Absolutely, I said as much in prev post... nothnig I can contest.

 

'You settled part of the claim yourself, unfortunately you didn't settle it all'

 

yes I did, and my point prev was that I can surely reclaim the part I've already paid as this would have been the insurer's liability.

 

'Have you spoken to your insurer since and told them about the MIB's claim?'

 

First thing I did when the MIB stuff came through. They are aware and are paying it (they have to apparently as it's the MIB, had it not been the MIB they could have refused as out of time, or so I'm told)

 

They may not bother or may give up if I make it awkward enough... the point is that I was not an uninsured driver, I have always beeh insured, I just opted not to claim at the time as it was a simple body repair.

 

Time will tell..........

[Ganymede]

If you didn't provide your insurance details to the Claimant at the time then they would have had no choice but to turn to the MIB.

 

You could have saved yourself a lot of hassle by just notifying your insurers, they would have then dealt with it and they wouldn't be able to come after you for anything.

[oddjobbob]

Well we never exchanged insurance details as we both agreed to get the damage to the TP car fixed at my expense.

 

With no wish to offend in any way, I'm perfectly aware of what i did wrong, I have to deal with what i've got, not what I ought to have with hindsight!

 

Bob

[raydetinu]

I think the MIB should no better; have you made it clear to them that you were in fact insured at the time and hope you still have evidence of this, I am sure they could check if required.

I would ask them for all the documents they have on the case including doctors reports, dates etc. and confirmation from the TP that they in fact accepted your payment for the repairs.

Keep asking questions and substantiating evidence, anything to keep them busy. Hopefully they will just give up.

[oddjobbob]

Yes the MIB are aware that I'm insured, although were not aware till I contacted them.

 

Sadly whiplash is impossible to disprove and they've already paid: so there is little point in asking for doctors reports etc, i'll let the insurance compant do that - they haven't paid the MIB yet, altho I have no doubt that they will.

 

B