Hi Folks

Your advice would be appreciated.

A few years ago, in March 2017 I was rear ended at a roundabout. I was insured by Swiftcover at the time. I sent them dashcam footage and they immediately restored my NCB, could see I was not at fault, and promptly directed me to a garage which fixed my rear bumper and other bits and that was that. Pretty seamless.

I thought that was the end of the matter. Simple claim, other driver at fault for rear-ending, job done.

Then a year later in May 2018 a chap from AXA (which I believe Swift is part of) emailed me with a form to complete entitled "RTA Insurer Consent And Assignment Form".

This, if I were to sign it, appeared to establish a contract between me and some 3rd party company called CISGIL (CIS General Insurance Limited). I am attaching a copy.

I have no idea who CISGIL is nor why I should have anything to do with them.

I therefore emailed the AXA chap back to express my concerns about signing such an agreement and that I couldn't see why I should be in any involved in the matter.

Nothing then happened and I thought perhaps that the matter had been resolved internally.

Then a few months ago in Dec 2020 I get another email from the same chap at AXA asking me again to sign this form.

What I believe has happened here is that the driver at fault was not covered by his insurer for whatever reason. I suspect it was a company car and he was not actually covered for driving it. Either way, I don't care, not my problem. I was insured with Swift, made my claim and it got sorted.

CISGIL appear to either be the investigators or a 3rd party that perhaps AXA have employed to try and recover their own costs. The form seems to be a method to get me to absolve all responsibility for the case and to ensure that any monies they do recover don't come my way. None of which I'm too worried about as my claim was sorted and my car was fixed.

I've read on other websites that this practice of getting innocent drivers to sign such forms is a bit of a cheek and that they shouldn't be doing it. We pay our premiums to have our claims sorted by our insurance companies, how they internally manage the process of recovering the costs from the "at fault" party is surely nothing I should be involved in.

So what should I do here?

It's been 4 years now since the incident and this guy is contacting me again!

My fear is that if I sign this without really understanding the implications I may end up in court case proceedings and the like.

Should I just ignore it or simply refuse to sign it?

Cheers in advance

Arthur

Document Text

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This Conditional Assignment is made the ……….…..……………………………….….day of 2016 between………..……………………………………………………………………. hereinafter referred to as ‘the Claimant’) and CIS General Insurance Limited, whose registered office is at Miller Street, Manchester M60 0AL (hereinafter referred to simply as “CISGIL”).

WHEREAS

(a) a collision occurred on …………………..……... at or near ………………………... (hereinafter referred to as “the collision”).

(b) the Claimant establishes that he or she has suffered damage to property and/or bodily injury caused by or arising out of the collision (hereinafter referred to as “the damage to property and/or bodily injury”), brief details of which are set out in the claim form.

(c) CISGIL’s investigations establish that:

(i) the person(s) named by you in the claim form as the driver you considered responsible (hereinafter referred to as the Defendant) is liable to the Claimant in respect of the damage to property and/or bodily injury,

(ii) the liability is a relevant liability as defined in paragraph 6 below,

(iii) there is no insurer (or no insurer whose identity can be ascertained) who is obliged to indemnify the Defendant in respect of this liability,

(iv) under the provisions of Part VI of the Road Traffic Act 1988, the Insurer will become liable to satisfy a judgment obtained against the Defendant.

IT IS AGREED AS FOLLOWS:

PAYMENT

1. The Claimant will accept a payment to be agreed or ordered. Save as provided in paragraph 5 hereof this payment will be made and accepted in full and final satisfaction of all claims whatsoever which the Claimant may have or acquire against CISGIL in respect of the damage to property and/or bodily injury caused by or arising out of the collision and any obligation to satisfy any judgment obtained in respect thereof. Insofar as the payment received is an interim payment on account, this assignment shall only operate as fully effective either once the full and final settlement/award is agreed/ordered or the claim is not pursued further such that the interim payment stands as the final award.

ASSIGNMENT

2.1 Subject to receipt of the aforementioned payment in full and final settlement, this assignment ceases to be conditional and becomes fully effective such that the Claimant assigns to CISGIL absolutely, all rights of action (other than in contract) of the Claimant against the Defendant, or any other person who may be discovered to have a liability (including any owner of a vehicle involved in the collision who caused or permitted the vehicle to be driven without insurance), in respect of the damage to property and/or bodily injury caused by or arising out of the collision.

2.2 Accordingly CISGIL shall be free, but not obliged to make claims and take legal proceedings in its own name against the Defendant or other persons referred to in 2.1 above. The costs of such claims or legal proceedings shall be borne by CISGIL. The following provisions operate only after settlement is made in full and final settlement and the assignment is fully effective.

CONSENT TO MAKE CLAIMS AND TAKE PROCEEDINGS IN THE NAME OF THE CLAIMANT

3.1 Additionally the Claimant irrevocably agrees to permit CISGIL to make claims and take or continue legal proceedings in the name of the Claimant. Subject to paragraph 5 hereof the benefit of such proceedings shall be the property of CISGIL absolutely.

3.2 The costs of such claims and legal proceedings shall be borne by CISGIL and CISGIL agrees to indemnify the Claimant against any and all orders for costs which may be made against the Claimant.

INFORMATION AND ASSISTANCE

4.1 The Claimant undertakes to give CISGIL or its agents all information and reasonable assistance in his/her power, to enable CISGIL to make any claim or prosecute any proceedings as referred to in paragraphs 2 and 3 above.

4.2 Without prejudice to the generality of the foregoing the Claimant undertakes to make available to CISGIL or its agents all witness statements, expert reports and other evidence in whatever form in his/her possession or power or in the possession or power of his/her solicitors or other agents (upon CISGIL undertaking to pay the reasonable costs of such solicitors or other agents in supplying such information) which may enable or facilitate CISGIL to make any such claim or to prosecute any such proceedings.

4.3 The Claimant further undertakes, if so requested by CISGIL or its agents to provide a witness statement setting out any relevant evidence and give evidence in legal proceedings (upon CISGIL undertaking to pay the reasonable expenses incurred in so doing).

RECOVERIES

5. If CISGIL is successful in recovering any sum or sums from the Defendant and/or other persons referred to in Paragraph 2.1 or 3.1 above then if and insofar as the same exceeds the sum paid to the Claimant (after deducting all costs and expenses incurred by CISGIL or its agents in effecting such recovery) CISGIL will pay to the Claimant a sum equal to the balance of such excess up to but not exceeding the applicable excess referred to in paragraph 1 above.

DEFINITIONS

6. In this Assignment and Agreement-

“contract of insurance” means a policy of insurance or a security;

“insurer” includes the giver of a security;

“relevant liability” means a liability in respect of which a policy of insurance must insure a person in order to comply with Part VI of the Road Traffic Act 1988;

“collision” includes two or more causally related accidents or incidents.

SIGNED …………………………………………………………. Dated ……………………………………….

Claimant

SIGNED …………………………………………………………. Dated ……………………………………….

For and on behalf of CISGIL