Car Insurance haven't paid out to 3rd party,I'm now facing a CCJ.URGENT help please!

[firebladenoss]

Hi there, i was involved in a minor car accident in april 2012, i went into a the side of a vehicle on a mini roundabout at very low speed, causing minor damage to both mine and the other person's car.

 

I swapped details at the time and contacted my insurance as soon as i got home.

 

Initially liability was contested. I hit the vehicle as it approached from the right on the roundabout, however he didn't indicate so my insurance company offered to settle the third party's claim 50/50. (At least this is what they told me)

 

However in september 2012 (5 months later) i received another letter from my insurance company saying after considering evidence, that they would be 100 percent liable.

 

This was the last i heard until last week when i received county court damages claim forms from the other person asking me to pay 1800 pounds damages to the other guy.

 

I have contacted my insurance, they are hopeless and keep fobbing me off, all the time the clock is ticking as i have less than 10 days now to respond to County court claim.

 

I feel completely helpless, i cannot believe my insurance company have let me down and that i am in this very awkward predicament.

 

Any advice or suggstions would be very gratefully received.

 

P.S i did not claim for any damage to my own vehicle as was very minor.

[dx100uk]

have you got the 50/50 inwriting?

 

dx

[firebladenoss]

No unfortunately not but do have letter saying 100 % liable.

[sailor sam]

Did you get a 'LBA' (Letter before action)? If not then you can bide some time by writing to the court and the third party saying that you were not aware of any potential proceedings.

 

In any event, your insurers a legally obliged to settle this so you should pass everything onto them. You may even want to sight them as co-respondents.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[renegadeimp]

Ok. You need to acknowledge receipt very soon or they will get judgement by default. Once youve acknowledged it then you have a little more breathing room to work on your defence. You should be able to acknowledge online.

[firebladenoss]

i didnt receive a letter before action, just the county court summons.

 

i have forwarded all court docs to my insurance company, and spoken on the phone over the course of the last week, but with no acknowledgment from them atall. Feels like they are happy to let me clean up the mess that they've got me in!!

 

i will send off acknowledgment asap.

 

thanks for the advice so far guys.

[gust]

Should this claim be against the insured or actually the insurance company?

[ericsbrother]

the other side is following protocols so you need to inform your insurer what has happened and they should give you an address to send the claim to so they can sort it. Unfortunately, you are"the insured" so it is in your name as the defendant. If yo dispute the amount or the circumstances you should tell your insurers but otherwis leave it to them. Theoreticlaay you can reply admitting the liability and when the court orders you to pay the apellant you tell your insurers that they are obliged to cough up but they wont like that so get on to them immediately. probably their claims managers not pulling their fingers out. Typically you insurer will employ a separate company and lawyers to handle this and it all bumps up our insurance premiums.

[renegadeimp]

Is the letter from Northampton? If so, then you need to acknowledge receipt.

[firebladenoss]

hi yes the letter is from northampton. i am putting off sending acknowledgment as long as poss and going to CAB tomorrow to see what advice they can give me too. another day gone still no call back or correspondence from insurance company!!! am i allowed to mention their name on here?!

[renegadeimp]

You need to make sure you acknowledge it before the deadline. Leave it too late and they get judgement by default and you have no reason to get the claim set aside.

[firebladenoss]

thanks renegadeimp. i will respond in time to get the 14 day extension.is that what set aside means?

[gust]

thanks renegadeimp. i will respond in time to get the 14 day extension.is that what set aside means?

 

Set aside is getting a judgement set aside thats already been placed. If you do not file a defence you will get a judgement in default and lose the case. If you do not send aos in you wont get extra 14 days to file

[firebladenoss]

Hi again guys.a quick update.I finally managed to get through to the claim handler at my insurance co yesterday.he said he would get the payment to third party sorted and would get his accounts dept to send a cheque off to third party.he didn't sound too convincing! I also spoke directly to the third parties insurance representative who told me as long as they receive payment they will not push forward with the judgement. I have not yet replied to the courts and don't know whether to acknowledge service or not now insurance company seem to be responding.I have 7 days till acknowledgement deadline.should I still acknowledge. and what should I do to keep tabs on the situation?

[renegadeimp]

When you receive the paperwork fromt he courts, you have a limited time to acknowledge receipt. If you do not Acknowledge it, then the claimant will get judgement by default and can ask for enforcement orders. You wont be able to stop the CCJ from happening unless you can pay the full amount the claimant says within 30 days of judgement.

 

Thats why it is so important you get the acknowledgement in fast, then it gives you more time to prepare your defence and let the judge question both sides ( if you ask for a hearing) and then make his/her determination.

[renegadeimp]

I've flagged your thread so an admin can come and advise on the timescales you have for acknowledgement and for the rest of the paperwork. Hold tight and theyll help you as much as they can.

[citizenB]

Hi again guys.a quick update.I finally managed to get through to the claim handler at my insurance co yesterday.he said he would get the payment to third party sorted and would get his accounts dept to send a cheque off to third party.he didn't sound too convincing! I also spoke directly to the third parties insurance representative who told me as long as they receive payment they will not push forward with the judgement. I have not yet replied to the courts and don't know whether to acknowledge service or not now insurance company seem to be responding.I have 7 days till acknowledgement deadline.should I still acknowledge. and what should I do to keep tabs on the situation?

 

I think yes, acknowledge the claim. I dont know the date of issue of your claim, so dont know what time line you need to adhere to. However, if you assume that the claim is still going to go ahead and prepare for it then you wont be caught out.

 

If you acknowledge and the situation is resolved before the defence date, then it will be for the claimant to advise the court that things have been sorted out and you will also be advised.

[firebladenoss]

thank you all very much for your help and advice so far.

it is very much appreciated.

[gust]

Oc mentions claim was 50 50 then changed to 100%. Should he obtain reasonings in writing? Wondering if this is a dispute and worthy of counterclaim should he need it?

[firebladenoss]

hi again a quick update,

i have today emailed my acknowledgment of service stating i wish to defend the claim, and i recieved their automated email.

 

the date of service was 14 march so i now have another 14 days taking me til the 11 april i beleive.

 

what should my next course of action be? i mean assusming the insurance company still don't pay out (worse case scenario) then i have to now compile a defence by the 11 april right?

what should this consist of? do i need to send it to northampton?

not sure where i am meant to go next with this!?

 

thanks in advance for any replies