County Court proceedings
Discussion
I had an accident several months ago. My insurers have just told me that they consider I was at fault and "In view of the above witness statement and the fact the third party solicitors have confirmed their intention to issue County Court proceedings we have no option but to agree to deal with the third party claim in full."
Are those "proceedings" against me or my insurers ? If the former, then what can I expect to happen ?
Are those "proceedings" against me or my insurers ? If the former, then what can I expect to happen ?
Nothing.
The proceedings would be against you, if they were to be issued.
But your insurer is telling you that they’ve concluded the fault lies with you; therefore they will not contest the third party’s claim on your behalf and instead will settle it (ie pay it); and settling it will stop proceedings being issued against you.
You’ll have a fault accident against you which may affect your future premiums
It’s open to you to tell the insurers that you don’t want them to settle the claim. If you do, they will step back and you will have to defend the claim with your own money. If you lose, you’ll still be insured for the value of the claim, but the legal costs of unsuccessfully defending the claim (both your legal costs and the third party’s) will be on you.
The proceedings would be against you, if they were to be issued.
But your insurer is telling you that they’ve concluded the fault lies with you; therefore they will not contest the third party’s claim on your behalf and instead will settle it (ie pay it); and settling it will stop proceedings being issued against you.
You’ll have a fault accident against you which may affect your future premiums
It’s open to you to tell the insurers that you don’t want them to settle the claim. If you do, they will step back and you will have to defend the claim with your own money. If you lose, you’ll still be insured for the value of the claim, but the legal costs of unsuccessfully defending the claim (both your legal costs and the third party’s) will be on you.
If there were to be proceedings they would most likely be issued against you personally - you are the one who (allegedly) caused the accident so you are the one who is ultimately liable for the damage it caused. Fortunately you have an insurer who has agreed to cover any liabilities that you have, so you are not going to have to put your hand in your own pocket, even if it does get as far as court.
However as above it sounds like your insurer intend to settle the claim now: assuming they do this then there should be no proceedings issued. In the unlikely event that you do receive any court documents, you should contact your insurer immediately and follow their instructions - do not reply to them or attempt to deal with them yourself.
However as above it sounds like your insurer intend to settle the claim now: assuming they do this then there should be no proceedings issued. In the unlikely event that you do receive any court documents, you should contact your insurer immediately and follow their instructions - do not reply to them or attempt to deal with them yourself.
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