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Other car insurer refusing to pay, possibly going to court

3 replies

scalt · 08/02/2025 07:02

I'm wondering if anybody has experience or knowledge of this.

My partner was involved in a minor car crash over a year ago, which was undoubtedly the other driver's fault - failed to give way at a roundabout. Their insurer admitted liability, and contacted me (the policyholder), trying to persuade me to settle directly with them (I believe this is called third party capture), but I refused point blank, as I've heard of this going very wrong, especially if injuries develop. I refused any further communication with them thereafter, and reported this to my own insurer.

More than a year later, my insurer has told me they are refusing to pay, and my insurer is now starting legal proceedings, and possibly going to court; they're asking me to confirm what happened. They say that usually (not always), incidents like this are settled out of court. They've sent me the paperwork that they're sending to the court.

Does anyone have any experience of this? Is the other insurer trying to contact me and me refusing likely to have any bearing?

OP posts:
Needanadultgapyear · 08/02/2025 09:01

I had an accident where the other driver was prosecuted for dangerous driving, but told her insurance it was my fault. It three years to sort eventually my insurance company went to court to get her police statement that had been given under caution and once her insurance company saw that they paid out. But it takes a long time and all that time your insurance premium is higher - you do get that back.

prh47bridge · 08/02/2025 09:53

Your refusal to talk to the other insurer will not affect the outcome of the case. All the judge will be interested in is who was at fault for the accident.

Iwillquit · 08/02/2025 16:44

I suspect the action your insurers refer to is to recover their outlay in your name, not your partners, so he is free to deal with his PI claim separately to this. There may be a dispute over repair costs/hire charges etc that other ither insurers don’t agree with. You not dealing with them won’t affect anything - they should be contacting your insurer not you. They’ll be quibbling over daily rate charges for hire or hourly costs rates for repairs. Something ridiculous that you have no knowledge off. Or just not provided any documents to support their outlay. They don’t expect you to attend court to give evidence as their handlers/engineers etc will do this.

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