form of assignment and agreement

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Sun 31 Jan 2016 13:03
form of assignment and agreement - lol85

Hi,

Sorry for the long post but I was wondering if anyone could advise.

I was involved in a non fault accident in November. All seemed ok: third party admitted liability and my car was repaired within a week. Everything went smoothly.

After Christmas I received a letter stating third party's insurers had failed to pay and a solicitor had been instructed by my insurers. I then received a form about uninsured losses which I signed stating I had none as my excess was waived and I also stated I have no intention of going down the personal injury route.

This week I received a form of assignment and agreement. It now refers to third party as "the unisured driver" and states that her company will pay for my repairs and then persue her for the fees.

I am a little confused: It states the fee covers repairs but there is no mention of hire car, when details were checked on the day it seemed the lady was insured. She seemed very genuine and I would hate to do something that led to her having unnecessary agro or cost but obviously my compant are waiting to be paid.

Can anyone advise. Should I get this checked by my own insurance company? I do not have legal cover so do not know what the best approach is.

Thanks

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Sun 31 Jan 2016 13:19
form of assignment and agreement - Bromptonaut

Not sure I quite follow the sequence here. You were involved in what seems to be a no fault accident - 3rd party admitted liability. Your car was repaired witihn a week and your excess waived.

Who repaired and on what basis was excess waived?

Had similar scenario last year. Third party was Borough Council who's faulty car park barrier came down on my car as I left multi-storey having prodiced legitimate pass. My insurer got car fettled but I had to pay excessand hire car which were subsequently recovered.

I'm guessing that for some reason your 3rd party's insurer have reslied from the claim and technically she's uninsured. You probably need to findout why.

Oh, and you definitely need to speak to your own insurance company.

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Sun 31 Jan 2016 13:20
form of assignment and agreement - concrete

Check your Home Insurance policy, that may include legal advice. Or if you are in a union at work, they offer legal advice, as do the AA and RAC.

I would be tempted to leave this to your insurer to sort out. Your interference may only muddy the waters. There is little you can do for the unfortunate lady. If she was covered at the time, then all well and good, but if not, she has committed an offence, albeit inadvertantly and she has to pay for the error.

Last time my car was repaired I did not hire a car but simply used the courtesy car provided by the repairer. It saves a lot of trouble if you can do this instead of hiring.

Cheers Concrete

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Sun 31 Jan 2016 13:28
form of assignment and agreement - lol85

Thanks for your replies,

Sorry if I was not clear above. I called my insurance company who arranged my repair and said as they were confident on third party liability, waived my excess they also arranged the hire car.

Yes I've sinc realised the courtsey car via the garage would have been better but I was naive and didnt really know how these things worked and followed the advice of my insurance, For some reason they arranged a hire car via enterprise rather than a courtesy car with the garage. As I live right on the Essex-Kent border the repair was completed in Kent. My insurance then realised they should have asked the garage to arrange a courtsey car rather than hire car but as my repair was due to be completed in a matter of days and the garage were not in the Essex area again to deliver a courtesy car my insurance said stick to the hire car.

I hadn't thought of legal cover via my union. I am a teacher so may well have this. Thanks for the suggestions.

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Sun 31 Jan 2016 17:38
form of assignment and agreement - FP

"I hadn't thought of legal cover via my union. I am a teacher so may well have this."

As a retired teacher I couldn't resist checking on this and it seems that the major teaching unions do offer "non-employment" legal services, as I thought.

Best of luck with sorting this out.

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Sun 31 Jan 2016 17:58
form of assignment and agreement - lol85

Thanks.

I will contact my insurance company and the solicitor they have instructed for clarification on whether I need to sign as I have no losses; my insurance company do.

There are a few issues with the form they want me to sign. Lots of bits where they fill in the blanks on a standard document (costs to be recovered, details of the incident) are left blank. I'm apprehensive of signing it and then things I do not agree to being added.

If I do not get the clarification I require from them, I will contact my union or citizens advice.

Thanks to everyone for the replies

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Tue 2 Feb 2016 16:42
form of assignment and agreement - slkfanboy

This might help. I had an accident many years ago. While the cause was my fault in that I skid on black ice. It turned out the other party had been instructed not to drive by their doctor and hence lack of avoiding action.

While I did not dispute and it was my companys car and policy the companys insurance did nothing. Reponded to no letters nothing.

The point being all the letters came to me, so find did the court papers. My and boss paid thankfully paid a solicitor to sort thing out. It was all a game by the insurance campany, hope the other party would not chalenge it in court.

It maybe just someone sitting on their hands, as per my case!

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