I recently had a car accident in which I was responsible for a collision. I admitted full responsibilty for the accident and swapped insurance details with the third party. Over 3 months went by when I received a solicitors letter from the third party stating that he was taking me to court to claim for the damages to his car as my insurance company has not yet honoured his claim (They are currently asking him for more proof). Can he seriously take me to court for these damages just because my insurance company are taking ages to sort his claim and when I have full and valid insurance for this kind of thing. Surely it should be the insurance company he takes to court?
2007-01-15 21:57:14 · 12 answers · asked by david n 1 in Cars & Transportation ➔ Insurance & Registration
Just pass any letters of action to the insurance company! It is their responsibility to sort out! He may take you to court but in most instances if valid insurance is in place the courts will request the insurers to be represented and to explain! If they have made him an offer and he has refused it then that is down to him. In any case, the court will ask you to provide evidence of informing the insurance company and as long as you have, the matter will be dealt with by way of insurance!
They may just be playing hardball because you admitted it was your fault - one thing in car accidents is to never admit liability! You leave yourself open to all matter of additional compensation claims!
2007-01-15 22:04:20 · answer #1 · answered by jamand 7 · 3⤊ 0⤋
NEVER EVER ADMIT RESPONSIBILITY FOR AN ACCIDENT!!
Even though it may feel like the right thing to do, more often than not, people will try and use that statement to screw you over.
Yes this guy can take you to court, but it isn't anything to worry about. If you're insured, then all you have to do is forward any paperwork you get from anyone else to your insurance company. If for some reason your insurance company never paid, and the guy sued you and got a settlement, you would in turn be able to sue the insurance company - AND THEY KNOW THIS.
Any company is always going to be slow when it comes to dishing out money, and that's what the insurance company is doing - taking their sweet time.
I wouldn't worry about it if I were you - just make sure you don't agree to anything with anyone or even carry on a conversation about the accident with anyone representing the 'other party'
That's what your insurance company is for
2007-01-15 23:44:24 · answer #2 · answered by Mister 4 · 1⤊ 0⤋
Normally, you can only be personally persued for damages if you weren't insured at all or your insurance isn't comprehensive enough.
Contact your insurance company and clear it up with them. They should deal with this on your behalf. 3 months is not very long in insurance terms!
With regards to admittance of liability - NEVER say anything only because this could prejudice any claim by either party and puts the insurance company in a difficult position - but again, they're paid to sort this out.
You could always try and get some independent advice from a solicitor/lawyer to make sure you know where you stand.
2007-01-15 22:22:18 · answer #3 · answered by MPatrinos 3 · 0⤊ 0⤋
Yes, that's exactly how the system works. Forward any communications from the solicitor and any summonses to your insurance company. It's their legal duty to defend you in any lawsuit.
You did make one critical error, however. Regardless of the circumstances you must NEVER admit fault for an accident. Your insurance policy clearly states this. The only thing you should do in the event of an accident is tend to any injuries, exchange details with the other driver, get names of any witnesses, and notify the police and your insurance company. It's possible that your admission at the scene is delaying the settlement of any claims.
2007-01-16 00:26:58 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 0⤋
It is the insurance companies responsibility to settle any claim. Even though you admitted liability at the scene, the insurance company may feel differently after reviewing the facts. All you need to do is refer him to you insurance company and tell his solicitors to contact them.
Don't even enter into a conversation about it with them, you pay for insurance so let them earn their money.
The answer above is not correct, it does not invalidate insurance if you admit liability and they can attempt to claim money from you, but a judge would throw it out as you are insured and it is their responsibility to sort it out. if people with insurance could get sued for accidents that the insurance doesn't pay out on, insurance companies would never pay claims and no one would bother to pay for insurance in the first place.
insurance companies are notoriously bad at paying out quickly and are slow at dealing with paperwork. i've had experience of claims taking over 5 years for what was not even a complicated accident, it can be hit or miss with these things. (no pun intended)
2007-01-15 22:02:36 · answer #5 · answered by Anonymous · 1⤊ 0⤋
They say that they are taking you to court but your insurance company will deal with it. Don't worry!!
Forward all letters to your insurance company and ask the 3rd Parties insurance company to deal directly with your company.
It is scary when you get a letter saying you are being taken to court - but remember its just the standard letter that is sent out by all companies. Its just paperwork - its not personal!!!
2007-01-15 22:05:02 · answer #6 · answered by Smiler 5 · 2⤊ 0⤋
Technically you are being taken to court anyway, but your insurance company is dealing with the case for you,(this is why you pay insurance).
Admitting liability is irrelevant unless there is some form of written evidence of this,(just saying 'sorry...it was my fault' does not count as admission).
Contact your insurance company and re-direct all correspondence to them.
And when this case is finished....chose a different insurance company as it sounds like the one your under is acting unprofessionally.
Good luck and try not to worry...as i said before..cases like this are why people pay insurance.
2007-01-16 00:20:36 · answer #7 · answered by blissman 5 · 0⤊ 1⤋
Absolutely, but thats why you have insurance your insurance company is required to provide you a lawyer. Now you would at worst case have to pay the overage past your coverage amounts.
2007-01-15 22:39:54 · answer #8 · answered by lemans81 3 · 0⤊ 0⤋
Yes he can. I'm doing the same thing to a driver that caused me to crash my bike. His insurance company have been mucking about so we're going to the driver to recover costs.
You should never had admited liability (no matter how obvious it was) as this invalidates your insurance and lands you in loads of hot water.
2007-01-15 22:01:51 · answer #9 · answered by mark 7 · 1⤊ 2⤋
No.
If you have valid insurance, and he is claiming against that insurance, he has no claim against you.
He cannot dispute the insurance companies offer - or thier tardyness - with you.
2007-01-15 22:04:20 · answer #10 · answered by SeabourneFerriesLtd 7 · 1⤊ 2⤋