Now being sued by third party after accident HELP

[Chalky white]

Hi all,

last August Bank Holiday, my wonderfull Girlfriend picked me up to give me a lift.

Unfortunately she was involved in a collision.

Details were swapped and Insurance company was informed.

Statements were made as to the incident.

Some time later She recieved a letter from a firm of Solicitors stating that if in 7 days the matter was not settled then they would instigate Court Proceedings to recover on behalf of the third party and his Insurance Company.

She copied and e-mailed the letter to her insurance company after telephoning them.

They told her not to worry as the matter was being dealt with.

A month later they sent a letter saying that in the circumstances, any claim intimated by a third party should be settled on the best possible terms (they do not state what they are) and accordingly if they did not hear from her within 14 days they would proceed on that basis. The pressumption being they would settle the claim.

She has now recieved a Court Claim and Response Pack.

The claimant only appears to be the third party and not his insurance company.

The claim is for vehicle repairs etc etc.

There does not seem much point in mouting a defence as Her insurance company has agreed she is at fault.

So the question is what do we do now?

If she accepts the claim and settles, she will not be able to pay all the amount in one go.

Plus what about her insurance companies involvement, surley they should of settled the matter, without things getting to this stage.

They have not stated that they are not entertaining the claim nor reasons why they have not settled.

If she settles, would she need to then counter sue her own insurance company, for the losses, stress, costs and breach of contract as she is fully comp covered.

What if the third party has been paid allready, surely he cannot sue to have another bite of the cherry if he has been compensated.

I wonder if this has been settled and the Solictors have issued without being informed?

What to do?????

 

thanks all in advance

Edited September 5, 2010 by Chalky white
missed information out

[Bernie_the_Bolt]

Take a copy and send the originals, special delivery, to your insurers. Job done.

[Chalky white]

Cheers Bernie,

not sure how this will help.

We only have 12 days left before a Court, makes a decision. In this case undefended would be in his favour so She will end up paying, considering the time it takes them to respond to anything.

The Court papers are in her name only and her insurance company is not listed as a party.

[Bernie_the_Bolt]

I think what you have got is the particulars of claim. This gives you time to respond and if you fail to do so default judgment can be entered against you.

 

You have to send it on to your insurers because your policy requires you to do so. If you fail to do so the insurers may refuse to pay up.

 

I would expect that the insurers first reaction will be to file an acknowledgment of service to buy more time.

 

They still may wish to defend some or all of the claim - failure to mitigate losses may well be part of a possible defence.

[Chalky white]

Cheers again Bernie,

She is phoning the Insurance company tomorow, plus I have scanned all the documents into the computer so, we will E mail copies as well as sending the originals through the post.

This is all new to us and she is very anxious about the process and the outcome etc.

I have tried to reassure her, as best I can.

Is there a chance the process can be explained so She can be reassured?

[crem]

Although "she" received the court claim, it is for her insurer to handle the legal side of it. Once she provides a copy to her insurer they should respond to the court on her behalf. If she looses the court case, then the payout to the 3rd party will be met by her insurance company. After all, that's what we pay premiums for.

[Chalky white]

Cheers folks,

I will keep you updated.

thanks again kind people

Chalky and Girlfriend

[Chalky white]

Well it Appears that the Insurance company want to fight the Claim?

I mean what?

I am glad as I believe we were blameless as the other party was drifting on our side of the road, although in his particulars of claim he states that we were. All he has done is reverse exactlly what happened.

I would love to cross examine him myself.

At least we now know what is happening.

Cheers so far.