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?

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.

So am I. A defendant personal injury solicitor.

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.

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.

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.

100%.

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.

@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.

@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.

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