My wife was involved in a collision on a narrow country road, in May 2013. The repair to our car was duly approved and my wife was advised that owing to a lack of witnesses the blame would be apportioned 50/50. We understand that the other driver did not make a claim on their insurance.

Now, in March 2014, we have received correspondence from our insurer's solicitors, who have been instructed to 'review the claim and if appropriate to recover the monies paid out to your insurer from the responsible third party or their insurer'. A County Court claim form against the other driver was included, filled in by the solicitor.

The covering letter says that there is a possibility that once court proceedings are issued, there is a possibility that the case will be listed for a court hearing, and that if we are not prepared to attend a hearing then they cannot recommend that proceedings be issued. Ten months after the accident, my wife is not confident that she can accurately remember all of the details of the accident, and is concerned that she may be asked to attend court.

Are you able to advise where we stand with this, e.g. can we decline to proceed?