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Are my insurers stitching me up?

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  • Are my insurers stitching me up?

    I was in a supermarket when there was an announcement asking the owner of the red VW Golf XXXXXXX to go to customer services. As the owner I went there and was told that my vehicle had been hit by a van and the van driver had shot off. Someone at the supermarket kindly came forward as a witness and even provided photos of the offending van.
    I reported the matter to the police and the driver was fined 120 and given 3 points. I also notified my insurers who paid out 1,000. They subsequently told me the Third Party insurers have accepted liability which meant I could claim back the 280 Excess, and they duly paid up.

    I thought this was the end of the matter and was therefore very surprised to get a phone call from my insurers 6 months later asking if I was willing to help their solicitors as a 'witness' as they had been unable to get payment from the Third Party insurers. I said that was okay.

    My understanding of the matter is that it's a case between one insurance company and another, that I can aid and abet the case, but Im no more important than that. However, the solicitors are now asking me to sign a document and I am no longer a 'witness', I am described as 'the claimant'. The case is also described as Claimant (Me) v. Defendant (Mr X), rather than Insurance Co A v. Insurance Co B . (This lack of anonymity doesn't go down great in a small community, I prefer not to be identified). And they tell me that if my insurers don't win the case there are consequences for me!

    I am a busy person, I am a health care worker, I don't have the time or the inclination to get dragged into this. I can't help but think my insurers are being out of order. I am also worried about the consequences. Can someone clarify the position for me.
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  • #2
    Your insurers are acting properly.

    The van driver damaged your vehicle.
    You claimed against your insurers, who (having paid you) stand in your place to claim reimbursement from the van driver (who in turn claims against his insurers).
    Any court action has to be in your name against the van driver
    The respective insurers will instruct solicitors/barristers, but the terms of your policy will require you to co operate with your insurers. If you refuse there could be consequences, but if you lose there should not be.
    Was the threat of consequences made in writing?

    Don't worry about anonymity ... no one ever attends these small claims hearings

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    • #3
      Many thanks for your advice DES6. It's put my mind at rest. The 'threat of consequences' was not made in writing, casually mentioned in a phone call.

      Comment

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