Insurance woes - I'm getting sued?!?!

[UNABASHED]

Ok the situation as it stands:

 

Last summer I had a Civic Type R which I parked in my companies private car park. The car park is shared which an engineering firm and they use the opposite end of the car park. One cloudy morning I arrived at work and parked up and went inside. A little while later a collegue came in and told me that one of the works vans had driven into my car smashing up the side and shunting it into a curb in front

 

I went outside and it turned out that the driver of the van had left the handbrake off and the van rolled into my car with a crash, bang and whollop! The company admitted all liability and so it seems that it would be sorted with no issues.

 

I called my insurance company and told them everything, they told me that I would be contacted by a 'accident management company' and they would sort everything. The company that called me, Car Crash Line, were a bunch of monkeys and couldn't understand anything that was told to them. They eventually realised that it could not have been my fault (mainly because I was not in the car!!!) and told me that they would be sending me a Polo hire car while mine was being repaired. I kicked up a fuss as I told them I wanted a like for like hire care. Eventually they agreed and sent over a Honda Legend (?). After a week or 2 driving that I called them to say that I would prefer a more economical car as the average 12 MPG was killing me, they agreed and sent over a 3 series BMW. When each car came I had to sign for them, which I did.

 

All was repaired, the hire cars given back and everything forgotton about.

 

Until today.

 

I received a letter from a solictor this morning regarding a collision that I was part of, and telling me that I was responsible for the costs?!?! They also had on the letter that they wanted me to send them my account details, my credit card details and proof of any credit I owed at the time of the accident. Alarm bells were ringing a little at this point so I called the solictor, after checking there credentials, to find out what the situation was. After calling all day I finally got hold of the solicitor who explained why he had wrote to me. Basically it seems there was a clause in the paperwork I signed saying that if the insurance company failed to pay any costs the ultimately I would be the person who caughed up?! Apparently because I had money to pay for my own hire car then the insurance company shouldn't have top pay for them.

 

I have told the solictor that I'm not going to be sending any account details showing I was capable of paying myself as this is for them to argue about and the only way I will supply them is when a judge asks me face to face in court.

 

I'm totally confused as to why I am being shafted here to be honest, I'm far too busy with other things to be dealing with this! This all seems to stem from a @*!# accident management company, who incidently have dissapeared and resurfaced with an ever so slightly different trading name!

 

From what I can remember, the hire car costs were around £3000 so there's no chance of me paying anyway as I've spend ever penny I have on my new house!

[Vik54]

Erm noooo - you're not responsible for the costs in any way shape or form. They've obviously failed to re-coup the costs from the other party and think they can pull a fast one with you. I wouldn't be surprised if it was a complete scam.

Put the letter in the bin. If they contact you again then get a solicitor to write back (it'll cost you about £50) and you'll find that shuts them up.

[ChrisS]

I'm sure one of are members is a solicitor,with luck he will see your post.

Just can't remember who it is.

[Will370z]

That really sucks, Have you gone to talk this through with the citizens advice bureau. They are usually pretty clued up and can give free advice. A lot of them are lawyers or accountants and so ideal to provide some tips.

 

Ive often found that in these situations companies / lawyers send out really aggressive letters making people panic into paying. As long as you maintain communication with them and express your concerns they will normally resolve them satisfactorily. Just dont stick your head in the sand on this one as that is when they go for the throat

 

Good luck sorting it out, not a nice thing to happen especially when it is not your fault and hope the CAB can help

[M13KYF]

I wouldn't put the letter in the bin, but agree on waiting to see if you get another then go to a solicitor.

[UNABASHED]

Only just heard about it so not sought any advice yet - other than here of course!

 

The letter has been opened by someone at home and read to me so I want to read it myself before I do anymore.

[Ekona]

Just call your insurance company, they should deal with this. Failing that check your house insurance, it often includes legal cover for stuff like this.

 

FWIW I wouldn't worry too much, if anything you have a bigger claim against the other insurer for not settling the claim in your favour.

[Zugara]

Has MORE than 366 days passed? If so i believe there is NO re-course in obtaining monies/goods from an individual after 365 days. I maybe wrong, but thats what i understand the law to be....

[UNABASHED]

Just call your insurance company, they should deal with this. Failing that check your house insurance, it often includes legal cover for stuff like this.

 

FWIW I wouldn't worry too much, if anything you have a bigger claim against the other insurer for not settling the claim in your favour.

 

I'm not even with the same insurance company, Chris Knott, and the car was sold over a year ago! My house purcahse is teetering on the edge of me actually owning it, and it's my first house so no previous house insurance!

 

I think first thing I need to do is calm down - solictors have been pissing me off all day from all sides!!!!

[martinmac]

Not a good comment before you post "are there any solicitors on here?

 

Sounds like someone trying to scare you into paying up very quick, chancers, relax and sort the house out, enough stress for one week.

[UNABASHED]

Has MORE than 366 days passed? If so i believe there is NO re-course in obtaining monies/goods from an individual after 365 days. I maybe wrong, but thats what i understand the law to be....

 

the incident took place 16th June 2009 so yep.

[Husky]

sounds like bollocks, give them nothing until you are ordered to by a court imo

[UNABASHED]

Not a good comment before you post "are there any solicitors on here?

 

Sounds like someone trying to scare you into paying up very quick, chancers, relax and sort the house out, enough stress for one week.

 

good point

 

I'm sure solictors in general are lovely people, in fact I know a fair few solictors and they are indeed lovely people! It just seems that at the moment I'm attracting the bottom rung of the bunch!

[Husky]

for lesson one on how to sweet talk potential legal help see below

 

 

I'm sure solictors in general are lovely people, in fact I know a fair few solictors and they are indeed lovely people! It just seems that at the moment I'm attracting the bottom rung of the bunch!

[H5]

They are trying to avoid taking the insurance company to court. Send a copy on to your insurance company reminding them they are required to pay it....

 

This was one element of the fiasco we were in court for. The claimant sees the insurance company and you as one (through the eyes of the law) hence you being contacted. Part of your insurance will be legal cover? Get them involved....

[Ekona]

Has MORE than 366 days passed? If so i believe there is NO re-course in obtaining monies/goods from an individual after 365 days. I maybe wrong, but thats what i understand the law to be....

Nope, it's 7 years IIRC, and even then they can keep selling the debt on and on so it can last forever.

 

I really wouldn't panic though. As has been said, do the house move before even entertaining talking to these guys.

[Zugara]

Has MORE than 366 days passed? If so i believe there is NO re-course in obtaining monies/goods from an individual after 365 days. I maybe wrong, but thats what i understand the law to be....

Nope, it's 7 years IIRC, and even then they can keep selling the debt on and on so it can last forever.

 

I really wouldn't panic though. As has been said, do the house move before even entertaining talking to these guys.

 

Cool I stand corrected

 

Husky, what happened to your service station ticket?

[Sarnie]

I've been through this.

 

Someone drove into the Gallardo, was a tiny tiny scratch to the rear quarter. The lambo dealership recommended Accident Exchange. My incident was at 5pm, by 9am the next day a Ferrari 430 was on my drive courtesy of AE at a cost of £1100 a day

 

I had the 430 for 35 days and the total bill was £52k

 

From the outset I said I would only proceed if I was totally unresponsible for the costs of the hire car. I did have to sign a credit hire agreement for the 430 but AE said that I could take out an insurance policy for £10 that would indemnify me from being pursued for the costs should they not be able to recover the costs from the other parties insurance. I ensured that they sent me written confirmation that I would not be chased for costs.

 

It was pretty stressul to be fair and took over two years to resolve! I had to send in a load of bank statements etc like they have asked you for. I had the money to pay for the hire car but my arguement was 'why should I pay for a hire car, for a no fault accident? thats what insurance is for!'

 

They even wanted me to justify why I had a 430 and I just told them that I fully expected a like-for-like car, the gallardo cost me £87k, why should I be without it for 35 days through no fault of my own???

 

It seems clear that the insurance company have not been able to recover the costs and are now pursuing you for it, do you have copies of anything you signed?

[H5]

I've been through this.

 

Someone drove into the Gallardo, was a tiny tiny scratch to the rear quarter. The lambo dealership recommended Accident Exchange. My incident was at 5pm, by 9am the next day a Ferrari 430 was on my drive courtesy of AE at a cost of £1100 a day

 

I had the 430 for 35 days and the total bill was £52k

 

From the outset I said I would only proceed if I was totally unresponsible for the costs of the hire car. I did have to sign a credit hire agreement for the 430 but AE said that I could take out an insurance policy for £10 that would indemnify me from being pursued for the costs should they not be able to recover the costs from the other parties insurance. I ensured that they sent me written confirmation that I would not be chased for costs.

 

It was pretty stressul to be fair and took over two years to resolve! I had to send in a load of bank statements etc like they have asked you for. I had the money to pay for the hire car but my arguement was 'why should I pay for a hire car, for a no fault accident? thats what insurance is for!'

 

They even wanted me to justify why I had a 430 and I just told them that I fully expected a like-for-like car, the gallardo cost me £87k, why should I be without it for 35 days through no fault of my own???

 

It seems clear that the insurance company have not been able to recover the costs and are now pursuing you for it, do you have copies of anything you signed?

 

Same situation for us, just exhange Gallardo for Elise and F430 for MX5

[UNABASHED]

I've been through this.

 

Someone drove into the Gallardo, was a tiny tiny scratch to the rear quarter. The lambo dealership recommended Accident Exchange. My incident was at 5pm, by 9am the next day a Ferrari 430 was on my drive courtesy of AE at a cost of £1100 a day

 

I had the 430 for 35 days and the total bill was £52k

 

From the outset I said I would only proceed if I was totally unresponsible for the costs of the hire car. I did have to sign a credit hire agreement for the 430 but AE said that I could take out an insurance policy for £10 that would indemnify me from being pursued for the costs should they not be able to recover the costs from the other parties insurance. I ensured that they sent me written confirmation that I would not be chased for costs.

 

It was pretty stressul to be fair and took over two years to resolve! I had to send in a load of bank statements etc like they have asked you for. I had the money to pay for the hire car but my arguement was 'why should I pay for a hire car, for a no fault accident? thats what insurance is for!'

 

They even wanted me to justify why I had a 430 and I just told them that I fully expected a like-for-like car, the gallardo cost me £87k, why should I be without it for 35 days through no fault of my own???

 

It seems clear that the insurance company have not been able to recover the costs and are now pursuing you for it, do you have copies of anything you signed?

 

That doesnt fill me with confidence!!

 

I got my court date through this morning - 2nd January

 

Luckily I have a kick-ass solicitor!

[Sarnie]

Firstly, I assume the other side admitted liability?

 

Who's insurance did the claim go through, yours or his?

 

If he admitted liability and it went through his insurance, I would want to know why you are now being chased?

 

There are industry standard payout structures e.g they will pay a body shop between £30 and £60 per hour or £20 per day for a hire car etc. I would assume that the other guys insurance will have agreed to pay out a set figure and the accident management company were pressing for more (to cover the costs of your hire car), the case probably went to court and the accident management company probably lost, leaving them with a deficit to recover.

 

If this is the case, I would want to know WHO is actually chasing you for the money?

[geoff-r]

In all honesty there are some right idiots working on motor files for law firms, I wouldn't be surprised if they got the wrong person and this letter was meant to go to the other party.

[UNABASHED]

Firstly, I assume the other side admitted liability?

 

Who's insurance did the claim go through, yours or his?

 

If he admitted liability and it went through his insurance, I would want to know why you are now being chased?

 

There are industry standard payout structures e.g they will pay a body shop between £30 and £60 per hour or £20 per day for a hire car etc. I would assume that the other guys insurance will have agreed to pay out a set figure and the accident management company were pressing for more (to cover the costs of your hire car), the case probably went to court and the accident management company probably lost, leaving them with a deficit to recover.

 

If this is the case, I would want to know WHO is actually chasing you for the money?

 

insurance claim went through the other person company insurance, as neither vehicle actually had an occupant at time of crash but the other person left handbrake off.

 

I've been trying to get hold of the solictors who have sent me the court date letter to find out who they are working on the behalf of and what exactly is required of me in court.

[Sarnie]

My solicitor advised that these usually get settled out of court on the lead up to the date, mine did, the day before. However, that was when Accident Exchange were battling with the other guys insurance to cough up, I was due to appear to purely give evidence and confirm facts etc. It sounds in your case like that part has passed and the case is closed and now whoever is out of pocket for the hire car is chasing you for it.

 

Doesn't it say on the letter, who is chasing you?

[UNABASHED]

My solicitor advised that these usually get settled out of court on the lead up to the date, mine did, the day before. However, that was when Accident Exchange were battling with the other guys insurance to cough up, I was due to appear to purely give evidence and confirm facts etc. It sounds in your case like that part has passed and the case is closed and now whoever is out of pocket for the hire car is chasing you for it.

 

Doesn't it say on the letter, who is chasing you?

 

I'll have to check tomorrow - slipped my mind today!

 

oh and while I was online I remembered the video evidence of my incident, so for your amusement......

 

http://www.youtube.com/watch?v=bahKFVdgilg