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Partner at fault, I am being pursued

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  • Partner at fault, I am being pursued

    Hi. Somewhat unusual.

    Summary: I had car accident. Other party accepted blame. I was given rental car (via claims company). Other insurer disputed cost of rental car. Case went to court. I missed court date. Case struck out. I am being chased for car rental costs. BUT all this took place without my knowledge.

    More info:
    Walking to my car I watched as someone drove into it. They accepted liability. This is where my involvement with the case ended.
    My partner took the car to a garage who recommended a claims company to help the process. They arranged a courtesy rental car. Subsequently the other insurers disputed the cost of the rental car (was quite high - a couple of thousand for a few days!). A court date was set for the case to be heard. On the day I was at work and the case was struck out. Throughout the whole process I was unaware. My partner had been dealing with it and had taken all the phone calls and responded to all emails (signing my name) and sent all relevant identity requirements. My partner had used their mobile number and email address and all our identity docs are stored on a shared computer so sending proofs was straightforward. I found out 2 days ago when my partner told me what had happened. I knew my car had gone to the garage to be fixed and a courtesy car had been provided but I didn’t know there was a possible cost involved.

    So, my partner has now shown me an email from the claims company saying that as I didn’t attend court I have to pay them the hire costs (over £2000) within 14 days.

    Any advice greatly appreciated
    Tags: None

  • #2
    Pass it to your insurance company to deal with.

    Comment


    • #3
      You say the court case was struck out.... what exactly was the court order?

      Comment


      • #4
        Originally posted by des8 View Post
        You say the court case was struck out.... what exactly was the court order?
        The other insurance company were disputing the cost of the courtesy car rental. I believe this was a small claims court hearing started by my claims management company to recoup the costs from the other insurer.

        Comment


        • #5
          What exactly happened in court?
          You said the claim was struck out which means it was thrown out & brought to an end.

          So it seems (can't be sure because your posts aren't clear) that your CMC sued the third party insurers for the rental costs but had their claim dismissed. So they are now pursuing you for the cost.
          Whether or not that has any basis will depend on the contract you (or your partner) agreed

          This is not an uncommon scenario!

          Comment


          • #6
            Originally posted by des8 View Post
            So it seems (can't be sure because your posts aren't clear) that your CMC sued the third party insurers for the rental costs but had their claim dismissed. So they are now pursuing you for the cost.
            Yes, I believe this to be the case. The contract my partner signed was to the effect that I would co-operate throughout and if I didn’t then I would become liable.

            The annoying thing is that I knew nothing of any of this throughout. My partner signed and replied to everything in my name

            Comment


            • #7
              So it all falls on the wording of that contract, and if a copy of that contract was properly delivered.

              Comment


              • #8
                Originally posted by des8 View Post
                So it all falls on the wording of that contract, and if a copy of that contract was properly delivered.
                I am not sure what “properly delivered” means. Everything was done via email to my partners email address

                Comment


                • #9
                  Well there is the matter of delivering the contract in a "durable medium" https://www.fca.org.uk/firms/durable-medium

                  The Consumer Contracts Regulations apply. Here's "Which?" on the matter: https://www.which.co.uk/consumer-rig...s-ajWHC8m21cAk

                  Comment

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