False Claim from via County Court Letter

  • Windermere123's Avatar
    Hello, I am hoping someone is able to offer some advice for an extremely stressful situation that I have found myself in. This issue is happening in England
    Back in mid 2023, I was contacted by my insurer that a claim has been filed by a 3rd party insurer alleging that my vehicle has hit their client's. The 3rd party claimed that they were given the car registration by a witness as the vehicle drove away after the incident. The witness also reported that they have dashcam evidence. I told my insurer that neither myself nor my vehicle were involved. We were nowhere near the location of this alleged incident. My insurer wanted photos of my vehicle which i sent them. I was very worried that this is a scam or car cloning incident but hoping it's just a mistake by the witness which the dashcam evidence would easily clarify. I kept chasing my insurer for update. They told me they contacted the 3rd party insurer for the dash cam evidence but did not get anything back. After about 6 months , the claim was closed out by my insurer.
    Then in mid 2024 the insurer (whom i am no longer with) contacted me to say they are reopening the claim again as they have received correspondence from a solicitor of the 3rd party insurer who still want to pursue the claim. I told them the same info and they say they have asked for evidence again and will contact me if further info is needed. I didn't hear anything for about 7 months.
    Then, this week I received a county court claim addressed to me directly for payment related to reduced value of the vehicle. The driver of the car is listed as the claimant but it was sent on their behalf by a legal firm that seems to represent insurers according to their website. I contacted my old insurer right away who was very apologetic. They said they will pass this to their legal team who will get in touch me on next steps. They seem to be on my side in this matter and felt that the claim should be addressed to them and not directly to me.
    Apologies for the long essay but my questions are:

    1. why would the 3rd party insurer file a claim against me and not my insurer whom they have had correspondence with before
    2. even though i'm with a different insurer now, is my old insurer at the time of this alleged incident still obligated to defend me and have their legal team deal with this issue - especially since the claim is filed against me
    3. there is 14day limit before which i need to reply to that claim with an admission or denial. I will not do anything for now until i hear back my insurer legal team but as the claim is filed against me, I'm really worried. If my insurer legal team is not able to help, should i get a solicitor (and have to pay for their service myself) or should i try to reply to the claim myself?

    Any other advice would be much appreciated as this is causing me so much anxiety. Many thanks in advance.
  • 9 Replies

  • Best Answer

    Beelzebub's Avatar
    Best Answer
    @Windermere123
    Don't stress! You were insured, they will deal with it. You won't have to pay, or go to jail!

    Quick answers:

    1. This is normal. They claim against you because it is you, not the insurer, who (allegedly) caused the damage. Your insurer will handle the claim on your behalf.

    2 & 3. Yes, the insurer is still responsible. They will defend the claim, and in the event that they lose, they will pay, not you. That is exactly what you paid them for, so you should not have to pay for any other legal help.

    Two other points. First, these things seldom get to court. One party starts proceedings just as a means of getting the other to negotiate. And second, while it's a big deal to you (no-one likes hearing from a court!) it's all in a days work for your insurer.

    All you need to do is keep in contact with the insurer to make sure they reply to the claim in time. Otherwise, pour yourself a drink and chill!
  • TC1474's Avatar
    What has/is happening is common place. Believe me you are not alone in this soet of thing happening, I have seen it many times over the years.

    Firstly, even though you are no longer with the insurers, you remain on cover for the period of that crash and your old insurers are obligated to maintain cover and your protection against any thord party claim.

    Even though you are covered by your old insurers, you still remain the defendant hence all correspondence will be addressed to you, although the third part should have sent it directly to your insurers, so don't worry it is perfectly normal.

    Do not worry about the 14 days given to you by the third party to respond. this is called a part 36 and it will be sorted out by your insurers.

    If your insurers are on the ball, then your legal team should be able to go back to refute the claim and have the case dismissed (struck out) on a whole number of issues, but it sounds like the third party insurers have instructed a claims management firm and they want to try it on and make some additional money (which is also normal).

    They have probably issued proceedings to protect themselves from being time barred, even though in damage only claims the statute of limitation is 6 years, on top of which they probably think that by issuing proceedings it will frighten your insurers into admitting liability and settling the claim.

    99% of cases are resolved before it gets to court. I have been on the steps of the court when cases have been resolved, simply because once you cross over the threshold you can add thousands to the overall bill, and if the third party evidence is weak, then it is likely it will be them that succumb and cave in once they realise that your insurers are serious about defending the case (If a case goes to trial it is estimated that you can add about £40,000 to the overall bill)

    So as said, do not worry. It is in the hands of your previous insurers who will continue to cover you and all costs, there is no criminal case to answer to, this is all civil law, and providing you do as your insurers ask, this will get sorted.

    Like I said, you are one of thousands that this happens to every year, so don't fret, just work with your insurers and it will be resolved.
    Last edited by TC1474; 18-01-25 at 21:13.
  • Windermere123's Avatar
    @TC1474 thank you so much for your message. I feel much less anxious but will make sure my insurance is on it promptly.
  • Windermere123's Avatar
    @Beelzebub thank you for taking the time to reply. I will try not to over-worry - that glass of wine will help!
  • olduser's Avatar
    To anyone else involved in similar claims, do not reply to letters sent to you direct, simply pass them on to your insurer with your policy number.
  • Windermere123's Avatar
    Hi @olduser, thank you for the reply. I have been also advised by my insurer that i should not reply to those forms as the insurer will instruct their legal panel to handle it.
  • Windermere123's Avatar
    Thank you for all the reply so far. I have a follow up question.

    I have passed forms to my insurer who told me they will instruct their legal panel to handle it.

    Would you happen to know what sort of confirmation I should be able to receive from the legal panel as to the action they have taken? For eg. would they reply to those form on my behalf in which I should have a copy and evidence that it's been responded to? I'm worried that if they drag their feet and not act on it quickly then a default judgement could end up being made against me.
  • TC1474's Avatar
    Thank you for all the reply so far. I have a follow up question.

    I have passed forms to my insurer who told me they will instruct their legal panel to handle it.

    Would you happen to know what sort of confirmation I should be able to receive from the legal panel as to the action they have taken? For eg. would they reply to those form on my behalf in which I should have a copy and evidence that it's been responded to? I'm worried that if they drag their feet and not act on it quickly then a default judgement could end up being made against me.

    What has happened is that you claim has been handed to a claims management firm who (like many these days) are owned by the insurance company but will act as your legal representative just as if it was a proper solicitor handling your case.

    They should keep you in the loop with regular contact throughout this claim process. If they are half decent, someone should either call or write to you to explain who is handling your case, what their planned course of action is and what you can expect from them, and they should copy you in to any emails or provide correspondence that they have entered into so you are kept up to date.

    If you really are concerned, you should have a reference number, call them and ask to speak to whoever is handling your case and explain your concerns.
  • Windermere123's Avatar
    @TC1474 thank you again for your message. much appreciated.