Toby David - Car Thread

[Toby David]

Hi, Again this thread is not related to the previous message but im tired of looking for the 'new thread' link. I have received a claim regarding a traffic collision which happen over a year ago, I was insured fully comp, the police attended, and details were exchanged, The general consensus was that it was 'knock for knock', Therefore I left it to my insurance to sort out. I have now received a claim from the vehicle owner stating "I was negligent", that the liability was 50/50, and "however 'quantum' for the claimant is still outstanding". Firstly, What is Quantum, and surely as I was insured the insurance company should have dealt with this. Why has this been left a year before being made aware of, and Why is the first ive heard of it, a statement of claim ? where was the pre action protocol??? Any ideas

[Toby David]

Surely my insurer should be dealing with this ?

I have received a claim regarding a traffic collision which happen over a year ago, I was insured fully comp, the police attended, and details were exchanged, The general consensus was that it was 'knock for knock', Therefore I left it to my insurance to sort out. I have now received a claim from the vehicle owner stating "I was negligent", that the liability was 50/50, and "however 'quantum' for the claimant is still outstanding". Firstly, What is Quantum, and surely as I was insured the insurance company should have dealt with this. Why has this been left a year before being made aware of, and Why is the first ive heard of it, a statement of claim ? where was the pre action protocol??? Any ideas

[paulajayne]

Re: Surely my insurer should be dealing with this ?

Pass it to your insurance company.

[judgemental24]

Re: Surely my insurer should be dealing with this ?

You have to be careful with this one and you must watch the time scales

You have been served with a claim in your name, not your insurers. It will be down to you to make sure the claim is acknowledged and a defence submitted, not your insurer.

You need to contact your insurer for advice on this. When you hand it over to them make sure to get confirmation from them all time scales for the claim have been abided by

You have 14 days to acknowledge the claim and a further 14 to submit a defence. That is your responsiblity, not your insurers that this has happened.

If you fail to do this, or the claim gets held up in red tape at your insurers you wil get a CCJ by default.

This situation normally arises when an extra personal injury claim is submitted as an example. This has all the hallmarks of a "Crash for cash" and an unscrupulous claims management company.

Might i ask who is the claimant, is it an individual, solicitor or company on the claim form

[des8]

Re: Contacting the Judge.

Phone your insurer Monday and ask them if they want you to acknowledge to court and claimant

[nemesis45]

Re: Surely my insurer should be dealing with this ?

I have received a claim regarding a traffic collision which happen over a year ago, I was insured fully comp, the police attended, and details were exchanged, The general consensus was that it was 'knock for knock', Therefore I left it to my insurance to sort out. I have now received a claim from the vehicle owner stating "I was negligent", that the liability was 50/50, and "however 'quantum' for the claimant is still outstanding". Firstly, What is Quantum, and surely as I was insured the insurance company should have dealt with this. Why has this been left a year before being made aware of, and Why is the first ive heard of it, a statement of claim ? where was the pre action protocol??? Any ideas

Hi welcome to LB.

Do Not try to deal with this your self, if you do your insurer may decline further assistance and/or liability.
Send the letter to your insurer asap use signed for post and check delivery, would also be a good idea to
phone your insurer and inform them of this development and confirm you have forwarded the letter send the
original letter and keep a copy for your records.

nem

[mystery1]

Re: Surely my insurer should be dealing with this ?

Phone the insurance company. A simple scan might be enough. Take details of the person you speak too.

M1

[Toby David]

Re: Surely my insurer should be dealing with this ?

The claim is from a solicitor acting for a company.

[judgemental24]

Re: Surely my insurer should be dealing with this ?

Contact your insurance company tomorrow to take over

Contact them again in 10 days to make sure they have acknowledged the claim

[nemesis45]

Re: Surely my insurer should be dealing with this ?

The claim is from a solicitor acting for a company.

For clarification is this a county court claim you have received or a letter before action from
the solicitor?

[Toby David]

Re: Surely my insurer should be dealing with this ?

For clarification is this a county court claim you have received or a letter before action from
the solicitor?

It is a county court claim, straight out of the blue. I thought there was meant to be a process called 'pre action protocol'.?

[nemesis45]

Re: Surely my insurer should be dealing with this ?

It is a county court claim, straight out of the blue. I thought there was meant to be a process called 'pre action protocol'.?

Indeed so, no preamble to this claim at all?
Definitely Must go to your insurer asap, don't do anything
or say anything without your insurers authority otherwise it
may prejudice any defence to the claim.

nem

[des8]

Re: Toby David - Surely my insurer should be dealing with this ?

As a matter of interest,who are the claimants solicitors?

If the incident involved personal injury it is quite possible that Quantum (ie quantification of damages) has not yet been agreed.
However one would expect all this to be sorted by the insurers of both parties conferring. It is not really in either parties interests to proceed to court unless an impasse has been reached.
I just wonder what this solicitor (personal injuries claim company? ambulance chaser?) hopes to achieve.
Hence it will be good to investigate him

[spirit2534]

Re: Surely my insurer should be dealing with this ?

Pass it to your insurance company.

All matters should be referred to your insurance company.

[Kati]

Re: Toby David - Car Thread

[MENTION=59093]Toby David[/MENTION] ... I think I've got your threads in order. Can you check all your posts on this one are for the car accident please?