No fault claim – MoneySavingExpert.com Forums

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My wife was hit by a 3rd party reversing off his drive which resulted in her car being written off as an uneconomical repair. The guy who hit her was reluctant to go through his insurance company initially as the damage seemed superficial.

However it transpired that the steering and suspension had been deformed and due to age of car deemed uneconomical to repair.

We had the usual problem with agreeing the value of the car . Co-op insurance said value was what we could get foe it if we sold it. We said it should be what we would have to spend to replace it like for like.

We eventually settled for a sum that was far short of what we wanted but at least we had some money towards replacement vehicle.

We subsequently were informed by the Co-op that although the third party and his insurers accepted liability the Co-op were unable to recover the money they had paid to my wife from the other insurance company. Despite repeated requests by the Co-op they just refused to settle the debt.

Here’s the crux of the matter. The Co-op have instructed their solicitors to reclaim the money through court action. However, they have sent documents to start court proceedings in my wife’s name to recover money directly from the 3rd party, not his insurers. The Co-op is not mentioned at all

As my wife had full comprehensive insurance and the 3rd party and his insurers have admitted liability to the Co-op we have questioned why the court proceedings have to be carried out in my wife’s name.

Surely the debt is owed by the other insurers to the Co-op and it is for them to take court action in their own name.

The Co-op have said that if my wife does not agree to their demands then they will record the incident as a fault claim which would affect her NCD. This does not seem fair to us but the Co-op insist that in motor insurance claims the court proceedings have to be in the names of the parties involved. they say this is the way the law works. Is this true or are having us over ??

The Co-op have said that the court proceedings will not cost us any money but when I read the small print it says that in the event of the claim failing their solicitors will look to my wife to recover their costs. Not very ethical ??

Has anyone had a similar experience with their insurance companies ??

We have asked the Co-op to show us where in the policy documents it says that my wife has to recover money owed to them from the 3rd parties insurers but despite raising a complaint with them have just had the reply “that’s how it’s done “

We intend referring this to the Insurance Ombudsman but thought I would see other peoples experiences were in a similar situation

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