Indemnity question - court

[mib2018]

Hi everyone,

Just joined and wanted to ask question re indemnity.

In December 2016 I was involved in a collision on a roundabout where I rear ended the vehicle in front of me because they did an emergency stop. Seemingly for no reason because the car in front of them stopped normally so I had no idea why the driver slammed on the brakes like that. We exchanged details and had my insurance pay out for my car repair at the time. 2 years later, the driver that I hit has now filed a claim against my previous insurance company I was with. I have an option to appear in court to defend my position and potentially win the case and turn this into a non-fault claim for me.

Here's my concern: the solicitor acting on behalf of my previous insurance company says that my previous insurance company will indemnify me from any costs or fees. Does this mean that in the event of losing and/or having to pay court fees, I will not be liable to pay? Just wanted some clarification as I'm a bit confused!

Thanks again!

[des8]

So your previous insurers have some doubt about the cause of the accident.
Normally the person rearending another vehicle is considered liable for all damages caused.
You say he filed a claim against your insurers : was this in court and if so does it name you as codefendant?

I'm a bit surprised if it has gone to court without the insurance company being named as co defendants.
If it has i would not rely on the word of the solicitor acting for the insurance company
(is it the insurance company or an outsourced claims company? Is he a solicitor? is that undertaking in writing?)

Without knowing more about the whole situation I would be looking to have the insurance company joined to proceedings

If you don't and you lose in court you will then have to initiate your own claim against the insurers, while still dealing with the judgement against yourself.