Claim received from other party in car accident

[mike22861]

Received a claim? Yes:
Issue Date: 19-04
Have you Acknowledged the Claim?:Yes
Total Amount Claimed : 6700
Claimant’s Name: Mrs Watson
Solicitors Firm: None
Original Creditor:
Original Debt Car accident reported to insurance
Particulars of Claim: The Claimant claims damages arising from an accident on 08/10/2022 resulting from the negligence of the defendant. I have complied with section 3 and 4 of the pre action protocol.
Is the debt Statute Barred No:
List any letters you have sent (eg: CCA/ CPR ): Phone contact with my insurance company awaiting reply
Any Other Information or Background Details: Details exchanged Accident was reported to Insurance, my car was repaired by my insurance nothing further heard, nothing received from Claimant at any time until now.

I have spoken to the insurance who are going to get back to me within 48 hours, It appears that the Claimant didn't go through the insurance, now 18 months on has decided to claim from the driver.
Has anyone had any experience of this?
My view is that the driver is not liable to pay for the 3rd party repairs just because they failed to correctly follow the insurance procedure.
Whilst I hope that my insurance will take this over I still need to file a defence. Is there a legal phrase that I can put in defence saying not my problem they didn't follow procedure to repair their car?

[PallasAthena]

You reported the accident at the time so there should be no difficulty with your insurers taking this over and filing the acknowledgement and defence.

It's a Third Party Liability claim against you irrespective of how the other driver brings the claim so should be covered by the TP section of your policy.

The only thing that worries me a bit is that claimant says she sent you the formal pre-action Letter of Claim. Did you get it? If so what did you do with it? You should have immediately sent it to your insurer.

[atticus]

Notify your insurance company at once. This is exactly what you have insurance for.

[mike22861]

This claim is the first correspondence I have received from the Claimant, I have had no previous request for payment or insurance details. Also the name of the claimant wasn't the name given at the time from the driver, but maybe is the policy holder the details I have put in is all that was on the form.

[PallasAthena]

Wait for your insurers to respond to you. If they ask about the pre-action Letter of Claim confirm you did not receive it.

[mike22861]

I have more information.from my insurance. It appears that the repairs were above the level of economic repair ie it was a write off, My insurers (Ageas) agreed to a value of £4500 which has been paid to their insurers (LV) It appears LV are still not agreeing to the repairs and have not paid.
My insurers have appointed a solicitor for me but they haven't been in touch yet.
I am assuming if it comes to it the defence is that this is not my liability the defendant should be LV

[PallasAthena]

No, the claim will be against you. You will remain the Defendant but your insurers appoint and pay for your legal defence and any awards made by the court if the claimant is successful (assuming your insurers accept that the claim against you is covered by your policy). The insurer/their solicitor takes over and defends the claim in your name.

I understand from post #1 you have filed the formal Acknowledgement of Service. Did you tick to say you intend to defend all of the claim? How to Acknowledge a Claim - LegalBeagles

The solicitor appointed by the insurers now needs to file the defence within the timescale so keep pushing for the solicitor to get in touch with you ASAP so that the deadline for filing the defence is not missed.

[atticus]

PallasAthena is right.

[atticus]

PallasAthena is right.

[Pezza54]

Interestingly LV includes motor legal expenses insurance in their comprehensive policy
With Ageas this insurance is an add-on
Did OP take out the legal expenses insurance with Ageas?
Have both insurance companies agreed that the car is beyond economic repair and is a write off? OP stated LV has not agreed to the repairs?
The claimant seems to be unhappy with the write-off value being offered by LV, has not accepted it and has decided to make a separate claim

[mike22861]

I have a few answers but only from a brief phone call with my underwriters Ageas. I didn't ask for legal expenses they organised a solicitor for me. Both insurance companies agreed the car was an uneconomic repair and agreed a value of £4500 which Ageas have paid to LV.
It appears that the third party has had the vehicle repaired for £5534. The only brief information I have is that LV haven't as of yet paid out, I don't know any details of why not.. It does appear that the claimant has bypassed his insurance and mine and claimed via the county court system

[PallasAthena]

It does appear that the claimant has bypassed his insurance and mine and claimed via the county court system

Which, legally, they are entitled to do.

The claimant is presumably the vehicle owner, which is likely why it is a different name to the driver at the time of the accident. It is the owner who would need to bring the claim, not the driver.

Priority for you is to make sure the solicitor appointed by your insurer is working on the defence and is going to get the defence in on time. Small claims court has strcit timetables that have to be met.

[mike22861]

I have just done a vehicle check and the Claimant's vehicle is currently MOT'd until end of June so it must have been repaired at least to roadworthy standard

[mike22861]

Final update to this.

Defence was filed and whilst waiting for an allocation the claimant discontinued the claim.

[Pezza54]

Thanks for updating the forum
The claimant would have paid over £300 court fee to start a claim and won't get that money back