N1 received for an accident despite being insured

[moreteavicar]

Hi, I had a minor collision in December, the vehicle in front of me braked sharply after accelerating, and despite having a suitable gap, I wasn't able to brake completely, and slightly went into the back bumper. There are two reasons for this -1. the flow of traffic was accelerating in going from single to dual carriage way, 2. The left side of the road was/is very badly maintained, lots of potholes and broken repairs, my left side of the car was going over this at the time, and the ABS was flashing indicating poor grip (his car was just clear of this) - I have pictures of the road surface. Result was essentially a scratch in his paintwork on the bumper. My insurance company sent me a letter 3 or 4 weeks ago to say that on this occasion they were going to settle in his favour for "goodwill". Today I receive a N1 on his behalf, requesting payment for repairs, use of a courtesy car for 3 days (took a long time to repair a scratch on a bumper), and towing charges (despite the fact it was completely drivable) - total £4988 (plus interest).

First: I do not understand why, if my insurance is settling in his favour, why or how he can claim through small claims court.

Second: The basis of his claim is a series of false allegations that I failed to leave sufficient braking distance (on the basis I went into back of him, but it was around 20m), that I was somehow driving at speed (which was impossible because we were in a queue of cars doing about 20mph then gradually accelerating towards dual carriage way). There were no additional witnesses apart from his wife in the passenger seat.

Thirdly, if he was intending to issue a claim for repair, should he not obtain a reasonable quote from other repairers and discuss with me? (He had my details). Ironically I have a car repair business and it would have taken an afternoon to do. It appears he went about it at maximum cost.

[wales01man]

Re: N1 received for an accident despite being insured

have you legal expenses cover with your policy?

[moreteavicar]

Re: N1 received for an accident despite being insured

I guess the obvious first thing for me to do tomorrow is to call my car insurance company! But next thing is if/how do I respond?

[moreteavicar]

Re: N1 received for an accident despite being insured

Hi -wales01man thanks for quick post - I should have, but... my Insurance company have not sent me all my documents and there have been various mistakes in what I have. Its a motor trade policy, and they have also not been adding updating or including things, e.g. when adding new cars or drivers, which has itself resulted in problems with business partner getting pulled over and vehicle impounded. I'm worried they will just say "no you don't have it" now that this issue has arisen.

[moreteavicar]

Re: N1 received for an accident despite being insured

Checking the original schedule, the only thing I can find is:

Section 3
Liability to Others
Applies to all policy covers
Cover for any claim made against you for which you become legally liable in respect of:
 Death or bodily injury to any person;
 Damage to property up to maximum of £2,000,000.

[des8]

Re: N1 received for an accident despite being insured

You do not respond to the claim.
You forward it, signed for, directly to your insurers.
Your policy will state that that is what you must do.
If you do respond to the claim your insurers could decline to deal with it, although they have already said they will settle it.
It is called subrogation, and your insurers will deal with it.

[moreteavicar]

Re: N1 received for an accident despite being insured

Des8 - Many thanks for that concise reply - advice noted and actioned.