One for any legal eagles out there

[GreiginFife]

In November last year I had someone go in to the back of me at traffic lights, nothing major in terms of speed so no injuries but the back of my car (bumper, mounts and brackets) were snapped and twisted - so needed replacing.
Did the necessary and took details and then notified BMW Accident Aftercare, a service that BMW provide for non-fault accidents, through Accident Exchange.
So two days later they come and collect my car (320 coupe) and leave me a 320 coupe as my courtesy car. Repair took 2 weeks.
A week after the accident I finally hear a peep from her insurer admitting liability.
I then got a call from a solicitors firm asking me questions about accident exchange and my courtesy car, making out that they were representing Admiral, my insurer (who I hadn't notified).
Today I got a letter from the solicitors advising that I have a "pending court action" that I know nothing about in relation to the accident.
Anyone any ideas what this is about as by the time I got the letter their office was closed.

Cheers

 

[connor]

Hmmm sounds like scare mongering. Too be fair when I have had an accident and has solicitors ring me I asked them to contact my insurance company and not me.
If her company admitted liability surely it's as good as a closed dispute?
Does it say exactly what the pending court action is? I'm presuming it's civil case as appose to criminal

 

[GreiginFife]

Doesn't say. References the accident and then invites me to a call with solicitor general on 17th July at 1000 in advance of my court action. No detail on what it is.

 

[connor]

Yet you have received no formal summons?

Hmmmm I would suggest going to see citizens advice bureau or even see if they have an online web chat to help.

 

[Chuzzlewit]

If at the time, you were suspected of any Injudicious action (which it appears you werent as someone who has run into the back of you has admitted doing it), then you would have to have been told by any attending police officer at the scene if you were to be reported for any offences. If this didn't happen at the scene of the accident then you should have been sent a notice of impending prosecution with 14days, in writing (just like a speeding ticket or a red light offence).

Without knowing the exact contents of the letter, it's difficult to comment, but the other advice on here, seems pretty sound. CAB are always worth a call if you are not sure.

 

[Val]

Yet you have received no formal summons?

Hmmmm I would suggest going to see citizens advice bureau or even see if they have an online web chat to help.

Thinking this myself, why would a solicitor advise you of court action? This normally comes from the courts in form of a summons.

 

[Chuzzlewit]

Hmmm sounds like scare mongering.l

This also sounds very plausible.....

 

[GreiginFife]

Spoke to a solicitor mate (well his missus) and she reckons the other insurer isn't happy with the costs that Accident Exchange have charged for the courtesy car hire and are trying to pursue me for the odds.
They can take a flying **** if that's the case.

 

[Chuzzlewit]

Maybe you should take up matters with then other insurance company,stating that you are not happy with the standard of driver they are insuring!

 

[MegaSteve]

Insurers don't like us motorists using independent loss recovery agencies...

It upsets the applecart of the cozy little arrangements they have with one another...

 

[GreiginFife]

Insurers don't like us motorists using independent loss recovery agencies...

It upsets the applecart of the cozy little arrangements they have with one another...

If that's the case then I'm sure I will be pleased to see them in court. Sure I have a document from AE that was mitigation against such action. Need to check though.

 

[MegaSteve]

If that's the case then I'm sure I will be pleased to see them in court. Sure I have a document from AE that was mitigation against such action. Need to check though.

You are normally expected to advise your insurers of any accident even if not making a claim from them... Not doing so has nothing to do with the other partys insurers... Make sure AE is informed of all the 'new' correspondence relating to this... As they'll be able to advise you correctly of any action you need to be taking [if any at all]...

 

[GreiginFife]

You are normally expected to advise your insurers of any accident even if not making a claim from them... Not doing so has nothing to do with the other partys insurers... Make sure AE is informed of all the 'new' correspondence relating to this... As they'll be able to advise you correctly of any action you need to be taking [if any at all]...

Will do Steve, good advice. Will give AE a phone tomorrow and bring them up to date.

 

[Jay1]

I think it's more likely to be the other way round and you are actually the claimant rather than defendant. Accident exchange don't provide a courtesy car as such, they are a credit hire provider. They tend to charge high rates and the repair periods are often not exactly rushed. A lot of insurers don't like this approach as it needlessly inflates claims.

If an insurer refuses to pay the full bill and the credit hire company think the have a strong case they will issue court proceedings. However they cannot be a party to the action as they werent involved in the cause of action, the accident. They have to issue proceedings in your name as you are effectively the Claimant (you hired the vehicle on a credit basis so it's effectively your loss, gotta love small print).

If my assumption is right then it's incredibly poor form for them not to let you know they were issuing proceedings.

 

[thecraw]

In November last year I had someone go in to the back of me at traffic lights, nothing major in terms of speed so no injuries but the back of my car (bumper, mounts and brackets) were snapped and twisted - so needed replacing.
Did the necessary and took details and then notified BMW Accident Aftercare, a service that BMW provide for non-fault accidents, through Accident Exchange.
So two days later they come and collect my car (320 coupe) and leave me a 320 coupe as my courtesy car. Repair took 2 weeks.
A week after the accident I finally hear a peep from her insurer admitting liability.
I then got a call from a solicitors firm asking me questions about accident exchange and my courtesy car, making out that they were representing Admiral, my insurer (who I hadn't notified).
Today I got a letter from the solicitors advising that I have a "pending court action" that I know nothing about in relation to the accident.
Anyone any ideas what this is about as by the time I got the letter their office was closed.

Cheers

Your legally obliged to tell your insurance company of any accident as far as I'm aware. Your insurance company may not have authorised such an expensive replacement car. That could be the stumbling block but I'm only guessing!

 

[GreiginFife]

Your legally obliged to tell your insurance company of any accident as far as I'm aware. Your insurance company may not have authorised such an expensive replacement car. That could be the stumbling block but I'm only guessing!

Checked that out before using the BMW aftercare service Craw, for non fault you don't have to notify your own insurer.

 

[GreiginFife]

I think it's more likely to be the other way round and you are actually the claimant rather than defendant. Accident exchange don't provide a courtesy car as such, they are a credit hire provider. They tend to charge high rates and the repair periods are often not exactly rushed. A lot of insurers don't like this approach as it needlessly inflates claims.

If an insurer refuses to pay the full bill and the credit hire company think the have a strong case they will issue court proceedings. However they cannot be a party to the action as they werent involved in the cause of action, the accident. They have to issue proceedings in your name as you are effectively the Claimant (you hired the vehicle on a credit basis so it's effectively your loss, gotta love small print).

If my assumption is right then it's incredibly poor form for them not to let you know they were issuing proceedings.

Thanks Jay, will check this out with AE tomorrow.

 

[thecraw]

Checked that out before using the BMW aftercare service Craw, for non fault you don't have to notify your own insurer.

Look at the small print in your own insurance paperwork. It will say your legally bound to inform them of any accidents fault or not.

 

[Jay1]

Look at the small print in your own insurance paperwork. It will say your legally bound to inform them of any accidents fault or not.

Although this is a standard condition with most policies, it wouldn't be a reason for any form of court action. May just effect future cover.