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Ford Fiesta - COURT CASE - til4697

3 years ago I was hit by a driver who later admitted full liability. The issue I now have is the insurance are refusing to pay for the credit hire car I stupidly agreed to. After lots of correspondence we now have a court date for this Wednesday (14th). We have given everything they have asked for, statement, wage slips, bank statements.

The car I was driving was on my partners business motor insurance and so its my partner who is actually going to court, not me. The insurers are actually picking him up to take him to the court!!

My partners insurers have advised him there was a clause as to if the monies cannot be obtained from the other side, an insurance is in place so he will not be liable for any charges. So why does he have to go to court then?

This is all above our heads and we are dreading wednesday in case we are left with a massive bill. Never again would we enter into an agreement like this again without doing any homework.

Ford Fiesta - COURT CASE - Bromptonaut

Is this in the County Court and on the Small Claims Track?

Ford Fiesta - COURT CASE - til4697

Thanks for the replies. Yes county court, small track

Ford Fiesta - COURT CASE - Brit_in_Germany

It is likely that your partner will have agreed to provide their insurance with assistance in resolving the dispute hence they are required to turn up to court to support the position of the insurance company in claiming the money from the other driver's insurance.

Ford Fiesta - COURT CASE - Bromptonaut

I was waiting for an answer on the court/track question before wading in but my first thought reading this was same as Brit in Germany; is the claim part of a dispute between the insurers?

If his own insurers are picking him up then it sounds as if they've 'got his back'. He's there as a witness.

If it's to be heard on Wednesday it'll most likely be settled today, tomorrow or in the court corridor while you're waiting for the Judge to deal with the routine stuff at the start of their list.

The costs of a court case really go through the roof once the clerk calls the case on and Solicitors or Barristers get up on their hind legs, as Horace Rumpole would say, to address the court. Both sides play chicken with each other until one has a vision of Counsel's fee note and they get serious.

Hopefully the admin have some other cases otherwise the Judge will be on the golf course after lunch.

Edited by Bromptonaut on 12/07/2021 at 15:40

Ford Fiesta - COURT CASE - Falkirk Bairn

Many moons ago I had a court case - 3rd party insurer was playing up.

2 years almost to the day.

They settled, without admitting anything at 4pm on the eve of the court case.

If Norwich Union had agreed to settle 2 years previously I would have taken £1000 + car damage.

The lawyers bill was roughly £1500, I got £4,500 and the car damage on top around £1250 IIRC.!

Ford Fiesta - COURT CASE - RT

Many moons ago I had a court case - 3rd party insurer was playing up.

2 years almost to the day.

They settled, without admitting anything at 4pm on the eve of the court case.

If Norwich Union had agreed to settle 2 years previously I would have taken £1000 + car damage.

The lawyers bill was roughly £1500, I got £4,500 and the car damage on top around £1250 IIRC.!

Insurers seem to lose all sense of reasonableness - I had my wing mirror smashed by a truck, it was a fairly high tech mirror with camera inside so about £1500 for replacement - I tried to get the truck owner's insurer to pay directly but they baulked at the amount - so I passed it to a claims handler who added their fee plus £1000 for like-for-like car hire - it's a crazy world sometimes.

Ford Fiesta - COURT CASE - Gibbo_Wirral

Same with me. Churchill settled 24 hours before court.

They ended up paying everything I originally asked for, plus thousands pounds for lawyers and a hire car for the months while it all went on.

Ford Fiesta - COURT CASE - Falkirk Bairn

What made my case drag on a bit was that there were 3 cars involved

Car 1 - mine - 2 weeks old (stationary red light)

Car 2 - ancient MB - insured by Norwich Union via Swintons (stationary) - unsavoury background of driver & passenger

Car 3 - new MB - insured by Norwich Union - woman driver related to Glasgow gangster driving a "loan car" from MB dealer - she had signed a waiver saying she had her own insurance cover and did not pay the daily charge for day cover insurance. NU was the fall back insurer as the car was on the MB garage block policy.

Car 3 hit car 2, car2 hit me!

Neither NU Retail customer division claims or NU Corporate Insurance claims would accept blame. My claim therefore was against 2 x NU policies.

In the words of my lawyer I was the only one that was deemed honest - the background reports on the other drivers was they were from different sets of well known criminal backgrounds.

£1000 excess payable by car 3 driver was possibly the reason for denial of blame but Perjury & possible Sphincter issues had them change their story a day or 2 before the court date.

Ford Fiesta - COURT CASE - til4697

Thanks folks. Well you were right, just had a call to say its settled!!!

Never again will we have a car on a credit agreement!!

Ford Fiesta - COURT CASE - FP

That's good to hear - and a relief for you that the worry has gone.

Ford Fiesta - COURT CASE - concrete

Same old story time and again. Had this with the Royal Mail about 12 years ago. They self insure and always play fob off and hardball until the final chip is played. they settled the evening before the court case was due. I was confident from the start but it put others through the emotional wringer, Some poor folks just cant handle the pressure and cave in. I think they rely on that a lot of the time. A war of attrition if you like. Stick to your guns if you are confident you are right is my advice and do the same as them. Fob them off and play hardball back until the court case is imminent. What a sad state of affairs when so called 'respectable' companies and insurers engage is these tactics.

Cheers Concrete

Ford Fiesta - COURT CASE - Bromptonaut

Thanks folks. Well you were right, just had a call to say its settled!!!

It's been like that for 40+ years,

Very early in my career I was responsible for working on listing in a small County Court. We used to 'pack' the list so that there was still enough work for the judge after cases settled. Every now and then we got our fingers burned and a roasting from the Judge for keeping the court sitting until 7pm.

Ford Fiesta - COURT CASE - bathtub tom

OTOH, I spent the most boring two weeks of my life on jury service. Found out one day was wasted because the judge was playing golf!