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Car accident and going to court

(2 Posts)
Mairyhinge Mon 31-Oct-16 09:46:02

Hi, I'm hoping someone might help a bit as I'm confused...
Dh was in a car accident on Xmas eve, other party's fault although they're not admitting it and consequently it's going to court.
Car was written off, and insurance paid us x amount.
Now the losses listed that we are claiming for include x amount.
Will this have to be paid back to the insurance company? I'm thinking they paid us x but got to keep the car or do whatever they do with it....
But it's so confusing.
The other costs we are claiming for are so small it's ridiculous, so I want to be prepared, should we win, knowing approx how much we will get back.

I hope this makes sense?!
Thanks!

eternalopt Tue 01-Nov-16 07:13:22

It will be part of your insurance contract that you agree to bring litigation on their behalf (I assume the insurance company are paying the legal costs etc and driving this).

The insurance company has no right to claim against the other driver, as the other driver was not negligent to them if that makes sense, so the insurance company will bring proceedings in your name to recover the costs they paid you. Therefore, if you got "x" settlement for the car, they of course want to recover that from the party at fault, so "x" will be in the claim and will go to the insurance company if recovered.

If the car was written off, then the insurance company didn't get to do anything with it. It would've been scrapped.

I doubt you will get much if anything from the litigation, as you've already had your pay out. You might get any excess you paid back though.

What more are you expecting? Are there further costs you've incurred that haven't been covered by insurance?

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