Claim - thought it was all over, but now confused :(
15 September 2008, 10:29 PM
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Claim - thought it was all over, but now confused :(
Just over 4 months ago, third party woman hit wife's car, whilst stationary in the exit queue for a m'way junction, in the rear. Pushed wife's car into the car in front.
We have comprehensive protected no-claims, car was fixed inside two weeks (cost appprox £1500) and all was almost forgotten.
Now our ins. co. has written to us saying that they can't get re-imbursement from TP's ins. co. so are instructing solicitors to progress "your claim".
So now we have received a filled in court claim form from the solicitors, where my wife is the claimant, and claiming directly from the TP woman and we are being asked to sign it.
I would have thought that it was our ins.co claiming from TP's ins. co. but we seemed to be being dragged into it, with possibility of having to go to court, be questioned by the judge etc
Also, the claim form isn't very clear in that if we do win, we have to give the money to the solicitors/ins. co. So if we win we get the money!
Is this normal, or is there something going on we don't quite understand?
TIA
Martin
We have comprehensive protected no-claims, car was fixed inside two weeks (cost appprox £1500) and all was almost forgotten.
Now our ins. co. has written to us saying that they can't get re-imbursement from TP's ins. co. so are instructing solicitors to progress "your claim".
So now we have received a filled in court claim form from the solicitors, where my wife is the claimant, and claiming directly from the TP woman and we are being asked to sign it.
I would have thought that it was our ins.co claiming from TP's ins. co. but we seemed to be being dragged into it, with possibility of having to go to court, be questioned by the judge etc
Also, the claim form isn't very clear in that if we do win, we have to give the money to the solicitors/ins. co. So if we win we get the money!
Is this normal, or is there something going on we don't quite understand?
TIA
Martin
16 September 2008, 08:40 AM
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Sounds like the person was uninsured and they are trying to recover the costs directly from the woman.
I suspect this is part of the uninsured drivers loss recovery bit of your insurance. Take a look through the small print of your insurance policy and it may say that you agree to co-operate in recovery of losses from third parties.
I suspect this is part of the uninsured drivers loss recovery bit of your insurance. Take a look through the small print of your insurance policy and it may say that you agree to co-operate in recovery of losses from third parties.
17 September 2008, 11:22 PM
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We (the wife that is) did....
...the solicitors went on about it all being about subrogation and how my wife had to be the claimant and they couldn't "step into our shoes" in court etc...so we looked up "subrogation" and all the things we found suggested that generally claims like this <b>are</b> handled by the insured party (i.e. us) subrogating the ins.co/solicitors so they could "step into our shoes" and we would have nothing to do with it.
So, as we didn't really understand this, I asked the Power of Scoobynet
And we still don't really understand it, but we've signed the form and sent it back. Time will tell....
...the solicitors went on about it all being about subrogation and how my wife had to be the claimant and they couldn't "step into our shoes" in court etc...so we looked up "subrogation" and all the things we found suggested that generally claims like this <b>are</b> handled by the insured party (i.e. us) subrogating the ins.co/solicitors so they could "step into our shoes" and we would have nothing to do with it.
So, as we didn't really understand this, I asked the Power of Scoobynet
And we still don't really understand it, but we've signed the form and sent it back. Time will tell....
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