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EU Law - Rights of the consumer against Insurance Companies


Ganymede
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The other person involved in a collision doesn't get to choose whether to issue a claim against them personally or against the insurance company.

 

In the courts, the claim always goes under the name of the individual. But the insurance company handles the claim and picks up the bill. Just let the insurer deal with it.

 

Not strictly true.

 

The Claimant can name the individual driver personally or choose to sue the relevant insurer under the European Communities (Rights Against Insurers) Regulations.

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Yep, if they issue a summons agaist him (correct procedure) he passes the claim onto the insurers. They will already likely know it has been issued but have to accept it from him as an interested party. The alternative to to defend himself and pass the buck at a later stage but they dont like that.

 

This.

 

The OP should tell his friend to pass any claim form to his insurers. They will then appoint a solicitor to act on his friends behalf who will deal with the claim for him.

 

The OP's friend must NOT try and defend this claim himself as his insurers may void the cover and refuse to pay out and damages or legal costs etc if he messes it up.

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Interesting, thanks. I was not aware of this.

 

No problem.

 

It's here:

 

The European Communities (Rights against Insurers) Regulations 2002

 

Right of action

3.—(1) Paragraph (2) of this regulation applies where an entitled party has a cause of action against an insured person in tort or (as the case may be) delict, and that cause of action arises out of an accident.

 

(2) Where this paragraph applies, the entitled party may, without prejudice to his right to issue proceedings against the insured person, issue proceedings against the insurer which issued the policy of insurance relating to the insured vehicle, and that insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person.

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