Car crash - rather not issue a claim.

[BunnyRuddington]

For background I had a crash in Jan. it was probably 50/50 fault. I probably was may have been in the wrong lane and he hit me, quite hard.

Now the solicitors have been appointed and are saying they are taking it to county court. If I don't want them to issue a claim I may be found at fault and my premiums may go up. I have my no claims bonus protected so this shouldn't be an issue.

It does however say that the other side may issue a claim against me.

As I regularly work at the County Court, I'd really not have a claim issued in my name.

Should I just say no and risk being found at fault?

Is there anything to consider apart from the risk of increased premiums?

You should let your insurers handle this.

Having a protected no claims bonus won't stop your premiums going up.

The other side can issue a claim against you regardless of what you do. In some circumstances, if you refuse to co-operate you may be in breach of your policy and your insurer may be able to refuse cover for this incident, so you would have to pay for your own legal fees and for any damages awarded if the other side makes a claim against you.

Have either insurer already offered a 50/50 settlement?

What have your insurers advised? Why has it not been settled already, if you were in the wrong lane it may be classed as your fault.

Sorry, reread it now. Your solicitors want to issue a claim?

Is it for insurance company that have instructed the solicitors?

If not and you are trying to do it without their knowledge you are breaking the t&cs of your contract with them. You need to inform your insurance of any accidents regardless of whether you want to claim. Your insurance will go up whether you have ncb protection or not, just not as much as it would have if you lost your ncb.

Having your no claims discount protected will make no difference, it's your premiums that will go up, the discount applied may remain the same depending on your policy t&c's

no claims discount protection is not what most people think it is....

I found out the hard way

Exactly Solitude
It's not a guarantee your premiums remain the same. It's misunderstood by most people and is one of the things I explain almost daily

This is really one for the insurance company

The guys in the accident we were in were all admitting fault, wanting to keep it outside insurance...3 months later they sued us for 20k whiplash claim!

Seriously, I'd always go through insurance

And yes our premium went up, but not crazy (maybe £200, nowhere near 20k!)

Sorry, I should have been more clear,it is the insurance company how have instructed the solicitors

Pumpkin. I don't know. Do you think it's worth ringing them to check?

Whether they've offered a settlement or not is irrelevant. Your policy almost certainly contains clauses that prevent you from withdrawing from legal action without your insurer's consent and give them full control over your claim.

If you pull out your premiums are likely to go up. Even though you have a protected no claims bonus, you will end up paying more for insurance. And if you pull out your insurer may be able to decide that you are uninsured for this incident. So, if the other driver takes action against you, you will have to organise your own defence and pay any damages awarded.

Co-operate with your insurers and let them handle it.

Insurers don't issue summons lightly as going to court is expensive, they would normally try and settle prior to court that's why I was wondering if 50/50 has been offered already. The solicitors would also have a chat with you over the phone to assess your version of events and how you would stand up in court. Based on that they could decide to offer a 50/50 , settle the third party claim in full or proceed to a hearing.

Thank you everyone so much for replying.

Think I'll give the insurers a call tomorrow and talk through the events and how likely it would be to win and see if they still wish to proceed to issuing a claim.

Really grateful for the good advice