HM Courts & Tribunals - motor claim against me

[LightandAiry]

In December 2022 I had a minor accident - my fault - clipped the corner of someone's Mercedes on a sharp bend and it left a scratch. I offered to pay for the damage but it would cost over £1000 so I gave him my Insurer's details. I've just received a letter from the courts saying I owe the person money, a lot more than the figure from the quote.

They claimed on their own insurance instead of mine and want me to pay for the reduction of the value of their car due to the accident. I've passed the matter on to my insurance company, but I'd like to understand why would someone claim on their own insurance when they had the opportunity to claim from someone elses, and all this time later go after me. Think he has a no win no fee solicitor.

Has anyone had the same thing happen?

hi @LightandAiry I was wondering if you could share any update on what happen in the end? I just found myself in similar position and would be grateful to hear how your case turn out. MAny THanks

@LetsBePositive10 I don't have any photos but I do have an email forwarded to me from the Mercedes garage used for the quote of £1,200 to repair the damage. They said a new bumper was required, which for repair of scratch was going the whole hog, but only to be expected. The amount they are claiming is a lot more.

Thanks for the explanation.

@LightandAiry its an emerging area of litigation. It’s always been an item to claim but not many people did. Some insurers are refusing to pay which is why Court proceedings have been issued. The other driver probably had no idea they could claim for this and is being led by claims farmers. All you can do is say there was minimal damage and provide any photos you took at the time of the RTC. Your insurer/solicitor will do the rest. We defend on a case by case basis. There are so many variables to consider. from what you say you are insured/indemnified otherwise your insurer would be brought into the proceedings alongside you. Any payment will be made by your insurer. If you have to attend Court all you can say is there was minimal damage. If it does go that far your insurer will have obtained their own expert evidence and raised Part 35 questions to challenge. They must be confident they will win though to let it go that far. Or at least obtain a reduction on the amount claimed. There’s not much else you can do.

Thanks for clarification @AndiOliversGlasses @LetsBePositive10, maybe drivers of high value cars have reason to be litigious. Strange that a scratch, at the most a replaced bumper should be considered grounds for being taken to small claims.

Thanks for clarification everyone.

100%.

This happens all the time. Just tell your insurer and pass on the letters. It’s literally what insurance is for.

This happens all the time. Just tell your insurer and pass on the letters. It’s literally what insurance is for.

I’m not bothered, just clarifying that your advice in relation to issuing against an insurer in relation to a motor claim was wrong. A Claimant in a motor claim can issue against the insurer only. Might be different in relation to other forms of transport and high value claims though but I’m not experienced in other areas to comment and provide advice re this. I stick to what I know and deal with every day.

Yes, and me, though I don’t do motor, I specialise in other forms of transport and high value coverage disputes. Not sure why you are bothered, the insurer wasn’t named in the proceedings so my point stands.

So am I. A defendant personal injury solicitor.

I’m an insurance lawyer and I disagree but no matter, my point was that OP doesn’t have to worry about the fact that she is named in the proceedings, it doesn’t mean that cover has been denied.

That’s not correct re naming someone personally as Defendant. if indemnity is granted D can be an insurance company under the EU Regs as amended after Brexit. If indemnity is not granted then the insurer will need to be joined in as a co-Defendant as RTA insurer so they have a standing in the claim to protect their financial interest.

This will be a Diminution in Value claim that are starting to increase. Your insurance company will have paid the repair costs and that is the end of their involvement. The other driver can’t claim diminution from them, but they can from yours. Each will be handled on their own facts. The claim is more likely to succeed for newer vehicles than old, if fillers have been used, the vehicle ‘stretched’ to fit replacement parts or any welding was done. There should be an engineers report attached to the court documents. That will explain what damage was caused and how the DIM claim has been calculated.

Sounds like he is trying it on

As long as you had a picture of the damage

Just to clarify, even where an insurance company is dealing with the claim, you have to be named personally as the defendant I.e. the claim form can’t be a claim against Admiral. That’s why you have been named and served directly. As long as your insurers agree that they are covering the claim (which it sounds like they are) you can just leave them to it. However they may need you to assist them if any evidence is required about what happened.

Yes, your insurance company will pay if his claim succeeds. They will also cover all your legal costs. You may have to attend court if it gets that far, but it won't cost you anything.

@LightandAiry When you refer to a letter from the Court Service saying you owe the money is it actually a judgment against you - ie an order for you to pay? I suspect not and that it's a claim form.

Usually County Court proceedings for a small claim start with what used to be called a summons. A formal notice telling the defendant that the claimant alleges they owe sum £x and asking them to admit, defend or make a counterclaim. The terminology has changed down the years but the principle is the same.

As long as you've sent the paperwork from the court to your insurer they, and their solicitors are dealing with it it's nothing to worry about.

It may go to a hearing but that's pretty much the exception; once barristers are on their hind legs in front of a court the costs go off scale.

The lawyers tend to play around with each other until one or the other's nerve, and/or that of their client, fails and they agree a settlement figure.

I hope the solicitors (from my legal cover) can get this person off my back. That sounds likely @prh47bridge if they don't agree he wants £3000, which I am assuming if the claim goes in his favour my insurance company will pay. Thanks for your reply.

It was slight damage.

Thanks everyone for replying

It would be surprising if his insurers did not contact yours. The fact this is going to court does not necessarily mean your insurers weren't responding as a previous poster suggests. It simply means they haven't agreed. It could be that your insurers don't agree with his as to how much his claim is worth, e.g. they may not agree that his car has lost any value.

@LIZS I don't know if his insurance company contacted mine, he certainly had all the details

@LIZS yes this is through the small claims court. I've never heard of this before....my insurance company have taken it on. I hope I don't have to attend court.

@AsTheyPulledYouOutOfTheOxygenTent thanks, this feels very unfair. It was only a scratch!

Yes you can, the idea behind the claim is that even if it's been repaired, a car that's been in a crash has lost resale value over a pristine one. Punchy claim IMO but it is a thing.

It is not normal for a driver in an accident to claim direct from the other driver's insurance even when the other driver admits fault. You normally claim from your own insurance, and they then try to recover any money they have paid out from the other driver's insurance.

If it was repaired he cannot also claim loss of value. Did his insurance company contact yours? Presumably this is via the small claims process?

@LiveOutLoudRose thanks that may explain it