Car claim

[kate2222]

Over a year ago, a taxi driver ran into my daughter in law car. She is fully insured through my sons business insurance. The driver admitted full liability and wanted to pay for the damage without going through the insurance. But after him becoming a nuisance with phone calls etc to my DIL, my son told him they were going through the insurers.

 

The car was written off and my DIL had to hire a car for a couple of months to enable her to get to work. The insurers sent them a cheque but it was for an amount a lot less than the car was worth so my son refused to cash it. They returned the hire car even though the claim hasn’t been settled as they were going away on holiday and it stated in the T&C that if they were going away the car had to be returned.

 

My son has received an email from his insurers stating that because the third party has failed to make a payment they have now issued court proceedings and in order to take this action further they have paid the court fee on my sons behalf., but he may be able to obtain a refund or help with the fees and so they want him to complete a form based on his financial circumstances from 6 Oct to 6 Nov 2018 and complete and sign a declaration and statement of truth. If he doesn’t meet the criteria (which I doubt he will) then they will seek to recover the court fee from the third party at the end of the claim.

 

Does this seem legit? I am concerned my son may end up with a massive legal bill.

Edited January 31, 2019 by honeybee13
Paras

[AndyOrch]

If they have paid the court fee on your sons behalf...which they should anyway as insurers why send him a form to complete for refund or help with the fees ?

 

What form is this ...EX 160 ?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-160c-Court-Fees-are-you-exempt-**Correct-as-at-April-2018**

 

Thread moved to Car Insurance forum.

 

Andy

[kate2222]

That's what I thought. Something doesn't seem right. He definitely will not be entitled to his court fees paid as he earns too much.

[kate2222]

I cant see a form number the form is called: apply for help with fees

[AndyOrch]

Try clicking my link in post#2......is that the same form ?

[kate2222]

Yes that's the one

[AndyOrch]

Well without knowing the finer details and whether they have issued the claim in your sons name...I suppose they are only going through procedure to see if he would qualify...no harm in completing it..as you assume he will not qualify anyway...but you need to get all the details of this claim and whose name has the claim been made in.

[kate2222]

Thanks Andy. I will see my son this week end and get all the details. My main concern is they will issue my son with a legal bill after the court case.

[AndyOrch]

Shouldn't...thats what car insurance is for and anything connected.

[kate2222]

Thank you

[kate2222]

Solicitor rang today, its been to court and got thrown out. My son now has to declare his income for Oct and Nov 18 (bank statements). Apparently there is a new law out which states if he could have afforded to pay for the courtesy car then the insurance will not pay it, they will only pay for the damage to the car, in this case the car was written off. This seem very unfair. So it looks like my son is now facing a few thousand pounds to pay for the courtesy car.

[AndyOrch]

Sorry to hear this Kate...but from what you state ties in with the following article.

 

https://www.thisismoney.co.uk/money/cars/article-1692116/Beware-the-car-insurance-courtesy-car-trap.html

[Ganymede]

Solicitor rang today, its been to court and got thrown out. My son now has to declare his income for Oct and Nov 18 (bank statements). Apparently there is a new law out which states if he could have afforded to pay for the courtesy car then the insurance will not pay it, they will only pay for the damage to the car, in this case the car was written off. This seem very unfair. So it looks like my son is now facing a few thousand pounds to pay for the courtesy car.

 

What do you mean by "its been to court and got thrown out"?! What has?

 

And do you mean courtesy car or was it actually a Credit Hire vehicle?

[kate2222]

Yes I saw that

 

- - - Updated - - -

 

What do you mean by "its been to court and got thrown out"?! What has?

 

And do you mean courtesy car or was it actually a Credit Hire vehicle?

 

Unfortunately yes it was a car hire vehicle.

[kate2222]

Now it looks like he earns just over the limit to enable the Insurers to claim the court fee back, does this mean my son will have to pay for that too? What a farce!!

[kate2222]

The solicitors are working on behalf of the car rental company. It went to court as the third party have refused to pay the car rental fee. Now my son has to provide all his incoming/outgoings. I really feel he is being harassed. When this case goes back to court and if he looses who will pay for this court time?

[AndyOrch]

Sounds confusing...as per my post 7 you need all the details of this claim......If the car rental company have made a claim against a third party...who have refused to pay......how is your son involved in this claim ?

[kate2222]

Sorry for the confusion. After finally pinning my son down. As the 3rd party insurers are refusing to pay the car rental, the car rental solicitors have brought a claim against them. Apparently following a decision in the house of lords anyone hiring a vehicle following an accident is required to disclose all bank info, income etc for a period of 3 months prior to incident date. My sons self employed so the solicitors have just asked for his income. He's been told by the solicitors if the court find that he could have afforded to pay the vehicle hire himself then he will be liable. After googling the car rental solicitors it looks like this happens all the time! My son and DIL had the rental car for at least 4 months while all this was going on. The bill will be for thousands of pounds.