Claim after RTA

[GilliMc]

I had a RTA 27/04/2018 which was dealt with through my insurance and legal team afterwards and I agreed to take 80% liability in relation to the claim. Both cars were repaired through insurance. I received a letter from the C C small claims, claiming £936:31 for 70% of the claimants vehicle repairs. Also under S69 CCA1984 interest of £14.69 which it appears will be increasing on a Dailey basis. I contacted a solicitor who said thei cost would far exceed the £936. I am no longer with the same insurance company so not sure whether they would represent me ? I don’t know what to do ???

[echat11]

Hi GILLIMC

Have you contacted your old insurance company, although you accepted liability, the strange way insurance works (can be confusing), you have to forward the court claim forms to your old insurance company to deal with. But check with them that, that is the case.

[des8]

What was the date on the claim form?
There is only a limited time in which to respond, and if you have spent a week seeking advice your insurers are under pressure.
As soon as it was received the form should have been forwarded to your insurers of the time of the incident.
Keep a copy yourself and check that all court deadlines are adhered to, otherwise you run the risk of a default judgement being awarded against you.

[echat11]

Get Proof of Postage when you send the forms.

[GilliMc]

Thanks for the advice I think I was with general accident. Will contact them tomorrow to see if they agree to provide legal advice / representation. I did pay the extra for legal cover so hopefully they will

[GilliMc]

Des8. The date on the claim form is, issue date 09/09/2021, stamped date of issue 16/09/2021

[des8]

Thanks for the advice I think I was with general accident. Will contact them tomorrow to see if they agree to provide legal advice / representation. I did pay the extra for legal cover so hopefully they will

This is not a case for your legal cover.

You had an accident.
Third party is claiming against you
You had third party insurance ie your liability to any third party is covered by your insurer .
Your policy will require you notify your insurer of any claim ASAP
Your insurer will deal with the third party and decide whether or not to dispute the claim.
If they do nothing and the claimant is awarded his £936, you would then raise a claim against your insurer

[GilliMc]

I am going to contact them tomorrow. I would have contacted them today as I know the clock is ticking, but I work out of hours and did a overnight last night. It’s very stressful ! Thanks for all the advice !

[GilliMc]

Very interesting General accident closed the case on 15/09/2021! I received an email from them this morning. “We’ve closed your claim. This claim has been closed as fault. The important thing to remember is that “fault” claim and being to blame aren’t the same thing, but if we as insurer are unable to recover the money from someone else then this is treated as fault”. What does this mean in relation to the claim against me? They are obviously aware as they closed the case the day before the claim against me.

[echat11]

Here's some information - https://www.completecovergroup.com/b...fault-decided/

des8

[GilliMc]

I can’t remember if the fault was 60/40, 70/30 or 80/20 against me. Wouldn’t this have all been sorted as part of the claim. Why is the other person now taking me to the CC small claims court ? Isn’t it strange that General accident emailed me this morning closing my case the day before the claim was made against me ?

[echat11]

I can’t remember if the fault was 60/40, 70/30 or 80/20 against me. Wouldn’t this have all been sorted as part of the claim. Why is the other person now taking me to the CC small claims court ? Isn’t it strange that General accident emailed me this morning closing my case the day before the claim was made against me ?

I'm fairly sure you need to send them the Court Claim Documents you have received. Your plan to call them today shouldn't change because they've sent you an email. You still don't know what's going on, call them 'ask them where do they want the Court Claim Documents sent too?'

Also who is the Claimant and the solicitors?, that will be on the Court Claim Document.

[des8]

That is a nonsensical comment from the GA.
They can reopen their file just as easily as they can close it.

I would acknowledge the claim and indicate you will defend it in full.
Then copy the documents and send immediately to the GA, telling them you have acknowledged the claim.
This gives them time to get their act together.

Tell them you anticipate they will honour the contract of insurance and deal with the claim on your behalf.
Please confirm by return

[GilliMc]

Thanks for the advice, they have got back to me with a phone number will call and let you know how it goes. A big thank you !

[GilliMc]

Contacted GA this morning, they paid out on 06/09/2021, delay in court papers getting to me. Sending the court papers to them. Thanks for all the advice !!!!