Insurance Incompetence

[Forester1965]

Simpo Two said:

Agreed. But if the judgement is against Mr Tafford personally, can a third party - the insurer - apply for setaside on his behalf?

Yes. They would instruct lawyers and pay for it.

In this situation is the OP is the defendant rather than the insurer and getting an unsatisfied CCJ on his credit file would be a Very Bad Thing. Unless I had written assurance from the insurer that the application to set aside was in progress, I'd be making an application myself because being prompt is very important.

[Tafford]

I've just had an email confirming that the insurers solicitors are actioning the judgement to have it set aside - I'll keep harrying them until I receive proof this has actually happened though given their track record so far

[Responder.First]

Tafford said:

I've just had an email confirming that the insurers solicitors are actioning the judgement to have it set aside - I'll keep harrying them until I receive proof this has actually happened though given their track record so far

Ask for copy of the coms, as your trust is damaged that is was allowed to get this far.

Getting a CCJ for 7k is going to hammer your credit and after 30 days its a pig to sort!

[KungFuPanda]

If liability isn’t in dispute, it would be far easier to just pay the judgment sum off rather than go to the cost of an application to set aside.

[BertBert]

KungFuPanda said:

If liability isn’t in dispute, it would be far easier to just pay the judgment sum off rather than go to the cost of an application to set aside.

And assuming that the insurance company are actually on the case that's what they will be contemplating.

In a non motoring similar situation court papers submitted, the insurers passed us to their claims management company. One with a terrible reputation so I was ready for a terrible time. However, they very quickly got a solicitor on the case who then got a barrister involved for the actual defence decisions. They pushed back on a lot of stuff, but in the end settled out of court which I was mildly annoyed about as I don't think we were in the wrong at all. I tried to persuade them several times but they were clear in what they wanted to do. I assume that the costs involved in going to court played a big part as well as the uncertainty of the outcome.

Of course that's were you would get a 50/50 type situation in a car accident claim.

[QuickQuack]

BertBert said:

KungFuPanda said:

If liability isn’t in dispute, it would be far easier to just pay the judgment sum off rather than go to the cost of an application to set aside.

And assuming that the insurance company are actually on the case that's what they will be contemplating.

In a non motoring similar situation court papers submitted, the insurers passed us to their claims management company. One with a terrible reputation so I was ready for a terrible time. However, they very quickly got a solicitor on the case who then got a barrister involved for the actual defence decisions. They pushed back on a lot of stuff, but in the end settled out of court which I was mildly annoyed about as I don't think we were in the wrong at all. I tried to persuade them several times but they were clear in what they wanted to do. I assume that the costs involved in going to court played a big part as well as the uncertainty of the outcome.

Of course that's were you would get a 50/50 type situation in a car accident claim.

The OP said they were stationary and that the accident was not their fault, but that the other party disagrees, so I'd guess that liability is very much in dispute...

Tafford said:

I was involved in any accident early in October last year - I maintain not my fault (I was stationary), other party disagrees but whatever,...

[johnboy1975]

Sounds like a complete nightmare. I'd assume, like you, that the insurance were dealing with everything. Surely the other parties claim is against your insurance, not you personally? Hire car charges (etc) come out of that I always thought? We had wing damage off a falling object (sorted in next doors house insurance ) - which was an easy repair but the bill was in the 1000's due to hire car etc..I was hardly likely to stick a claim in against my neighbour personally (or should I have done??)

In addition, your car is still waiting to be fixed, 9 months on? Have they given you a hire car?

Finally how can you be deemed at fault if stationary? Or does he dispute that? What's his story?

[TwigtheWonderkid]

johnboy1975 said:

Surely the other parties claim is against your insurance, not you personally?

All your insurance does in respect of tp claims is to pick up the tab for claims made against you as a result of your negligence. Claims are always against the negligent party. Your insurance company didn't do anything wrong, so strictly speaking no one can claim against them. They can take over the handling of the claim, deal with the tp, and settle their bill. But the bill they are settling is the claim against you, not them.