Thanks PU, the accident happened on the 7th November 2001, so it is over 3 years ago.
The response time states 14 days starting 2 days after the post mark. Thing is, it was not sent special delivery or anything, and to the wrong address.
The legal cover policy found me a very good set of solicitors who acted for me to recover costs from another driver (it was a 4 car pile up). Are you suggesting I send it to them, or even just advise them I have received it?
You're right, these solicitors don't seem 100% clued up.
Hugo
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Further to Mark's posting (second in the thread) whenever I get an email from someone whose cherished but valueless car has been 'written off' by the insurer of the person who crashed into it, I advise them to sue the other party directly to be put back into the position they were in immediately before the damage was done, which is their common law right. This works. Say you were retired and drove a 1990H Toyota Carina II in perfect condition with 40,000 miles and, through no fault of yours, it was damaged by another driver. Their insurer might attempt to write it off and pay you maybe £250 which the insurer deemed to be the 'market value' of the car. You don't have to accept this. You can sue the other driver directly to have your car fully repaired to the standard it was in before it was damaged, even though the repairs may cost £2,000, which greatly exceeds the value of the car. Happily my readers are e-mailing me back to tell me that this tactic works. As Mark wrote, the person who did you the damage is directly liable. His or her insurer may assume liability, but they cannot take away your rights.
HJ
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HJ
A few facts into place here.
The person named as the defendent is my wife, as it was her policy. I was a named driver on it at the time.
I was deemed at fault for running into the back of another vehicle (I was actually pushed but lets not go into that now).
It appears that the other party received and agreed compensation but his solicitors is arguing with my insureres over their costs.
Value of car and compensation received by the other party have been settled. It seems that it is just solicitors costs that are being argued over. It just annoys me that we have to be involved in their arguements.
Further to my responses to PUs post, I am interested at what else he may have to say.
Hugo
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Sorry, Hugo, I was not talking about your case. I was trying to explain liability in a manner that might be of benefit to other Backroomers. And Mark may jump in any second now to correct me if I've got it wrong.
HJ
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I had a similar solicitor's letter demanding £125.00 for claimant's costs, telephone calls etc. The letter was designed to intimidate. Send it straight to your insurer as I did.
This was about a year after my wife was accused of touching another car after it boxed her in, in a shoppers car park. The police rang my wife after our reg. number was given to them and said that the damage was minimal. The other party, a foreign gentleman rang my wife and explained that the trim had to be removed and straightend, and how would she like to approach it, privately or by insurance. It was very suspicious, so I opted for by insurance. When my renewal came up I found that the Insurance Co. had paid £750.00 for the repair. I complained to the Insurance Co., but they said that the injured party had witnesses. I was most displeased, but could do nothing.
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An update.
I contacted my insurance broker and advised him of these. He asked me to send it to him so that he could forward it on. I was going to do this anyway, but felt it was prudent to tell him I had it.
On closer inspection, it turned out to be a County Court Document sent straight from the Court, not via a solicitor, hence the lack of a letter.
His advice was similar to Mark's, but he added that it should be seen as action against the policy, not us. This is very important.
He said that solicitors often act to involve or expose the policy holder to the process to get the policy holder to phone up the insurers in a panic. It often works!
The issue seems to be over resulting costs. It looks like both parties are around £1k adrift in their negotiations, hence the solicitor acting for the other party have prodded the process to get it going again.
As others have said, if you receive something as a result of a claim against you, send it straight to your insurers. If you have a broker, it is often a good idea to involve them so they can acknowledge receipt and take copies for their records.
H
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Well with my name, I ought to know the answer to this one!
sounds to me that your insurers have agreed to pay a fixed sum in compensaion and to pay reasonable legal costs. They have been unable to agree those costs. The part 8 procedure is a shortned form of court procedure for deciding issues like this.
It has been sent to you because it is your liability, but you really ought to have been warned that it was coming.
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Hugo,
I wouldn't ignore it on the grounds it went to the wrong address.
Any update ??
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Hugo, I wouldn't ignore it on the grounds it went to the wrong address. Any update ??
Yes PU, a few posts above, I sent it to my broker who has forwarded it onto the insurers. Apparently it is effectively the insurance policy that is being pursued in practice, so my broker tells me.
Hugo
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>>broker who has forwarded it onto the insurers. Apparently it is effectively the insurance policy that is being pursued in practice, so my broker tells me. Hugo
simplistically:
as hj and the lawman have pointed out, it is the defendant who is liable.
the insurance policy is there to cover you for that liability. if the insurance company is being tardy, the injured party is quite right to come back to you direct, and it is your responsibility to nudge the insurance company in to action.
in effect, they are negotiating on your behalf to come an agreed settlement which results in the insurer having to pay out as little as their negotiator can get away with. the insurers are not there to do you any favours, but merely to pay out damages that you are liable for while trying to minimum the cost to themselves.
whilst you are right in forwarding everything to the insurance company: but if they do not get their act together, and you continue to be hassled at home, you should bring their complaints procedure in to action. three years is enough patience of the injured party and their lawyers to have to put up with.
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Daglish
What you have said is basically what Mark and the broker said.
Legally I have a responsibility to the other side, yet the insurers have a responsibility to me.
Hence they are likely to pay the minimum they can get away with and get it settled, because if I have actions against me that could hold water in a court, then they are the ones that could have to pay.
Talk about complicated, a few months after the accident I also received a visit from an assessor, who wanted to take me to the spot and get my exact story about where the impact took place etc. I suspect the insurers are trying to drag it out as long as poss.
Hugo
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