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Car Insurance Claim

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  • Car Insurance Claim

    Hi all. Really need some advice. I received the below from the 3rd party insurer after a non fault claim where the other driver is disputing liability.
    I need some help deciphering the legal jargon. If anyone can explain it to my like im a child that would be good.

    To me it sounds like they're sending a cheque, but might want it back from me personally and i have to pay for the hire car..

    "We have today issued a payment via cheque for £#### in your favour and it has been sent to yourself. The payment is made on account of special damages generally and is to enable you to mitigate your loss.

    The payment may be banked on an interim basis on the understanding that if you are awarded damages for less than the amount paid, the difference is refundable.

    We remind you that you have a legal obligation to mitigate your loss as much as possible and that we will not be responsible for any costs incurred as a direct result of your failure to do so.

    You are currently hiring a vehicle at a cost of £## plus VAT per day with the current hire bill standing at or around £#### and remind you that you are directly responsible for settling any recoverable costs with the hire company.

    if you are in any doubt as to your legal liability regarding mitigation, or indeed your ultimate liability for the cost of the credit hire vehicle that you are currently hiring, please do not hesitate to contact us for clarification"

    ...Unable to get through on the number given and my insurer dont even know about any payments being sent

    Tags: None

  • #2
    Anyone able to advise on this?

    Thank you


    • #3
      Hi and welcome.

      to clarify:
      1) you were involved in an incident which resulted in your vehicle being damaged
      2)you do not believe you were at fault
      3) you believe the third party was wholly responsible for the incident but he denies liability
      4) due to the damage to your vehicle it is undrivable and you are renting a replacement

      It seems that the third party insurers are (despite their insured's claiming to the contrary) implying they will be picking up the tab.
      They are reminding you that you have to do your best to mitigate your loss, and to assist you are paying you an advance of the damages they estimate you will be entitled to.
      At the same time they are warning you that if it turns out you have been overpaid they will require you to refund the overpayment.


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