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Insurance company threatening small claims court


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Hi, Wondering if someone could help me?

I hit the back of a car 4 months ago, for which I accepted liability.

My insurance company has so far paid £800 and are offering £700 for vehicle hire, the claimants however want £1,600.

I today received a letter from their insurance company saying the next step was to take a case against the negligent party (me) to the small claims court, unless it was paid, or I paid it myself.

I rang my insurance company and they said that they have provided insufficient evidence and that their solicitors would handle the case.

 

can I be held personally liable for the value of the claim, if so what is the point in paying for my insurance?

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Yes, if there was a shortfall then they could sue you directly. On the other hand, if they are justified in demanding the shortfall then you are quite right, the insurance company should pay up.

 

I suggest that you write to the insurance company and say to them that your own insurers have told you that they have provided insufficient evidence of the value of their claim and that this is your position also. Tell them that if they comply with your insurers reasonable request then you are sure that their demands will be met.

 

Tell them that if they take to court, that you will add your own insurers as a second defendant and that you are sure that the two of you (you and your own insurer) will explain to the judge that they have not provided sufficient evidence of the value of their claim that if they would do this, then there would be no problem paying them.

 

Write your own insurer and asked them to let you have details of the evidence which has been provided by the other side and also to explain to you what further evidence is needed. Also, tell your own insurance company that if there is a County Court claim against you, that you will have no choice but to add them (your own insurer) as a co-defendant and that you will have to defend the claim together.

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Yes, if there was a shortfall then they could sue you directly. On the other hand, if they are justified in demanding the shortfall then you are quite right, the insurance company should pay up.

 

I suggest that you write to the insurance company and say to them that your own insurers have told you that they have provided insufficient evidence of the value of their claim and that this is your position also. Tell them that if they comply with your insurers reasonable request then you are sure that their demands will be met.

 

Tell them that if they take to court, that you will add your own insurers as a second defendant and that you are sure that the two of you (you and your own insurer) will explain to the judge that they have not provided sufficient evidence of the value of their claim that if they would do this, then there would be no problem paying them.

 

Write your own insurer and asked them to let you have details of the evidence which has been provided by the other side and also to explain to you what further evidence is needed. Also, tell your own insurance company that if there is a County Court claim against you, that you will have no choice but to add them (your own insurer) as a co-defendant and that you will have to defend the claim together.

 

Thanks for replying. Just one more thing if you could?

 

If it does go to county court and I myself, or with my insurance company lose, who would be obligated to pay the claim? Would it be my insurance provider?

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You insurer has a legal obligation under the RTA to satisfy any judgment against you.

 

If Court proceedings are issued your insurance company will appoint solicitors to act for you. You won't need to add your insurer as a second Defendant.

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It's quite common to get letters like this. If the two insurance companies can't agree on the amount to be claimed, they will have to go to court to settle the issue. Any court claim would be made against you personally because you're the person who caused the accident, so ultimately liability lies with you. Your insurer will then cover your liability (howeve much that is found to be) in accordance with your policy (and the Road Trafic Act). It's unlikely that it will actually get as far as court - the immediate aim is to put pressure on your insurer to settle - but if it does it will still be your insurance company putting its hand in its pocket, not you.

 

There is no need to reply to the letter yourself - your insurance company are dealing with it, and indeed will probably insist that you stay out ina case you say something which prejudices their case. If you get any more correspondance, or court papers, pass it on to your insurer immediately.

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