Old car insurance claim still open

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payvpac

New Member
Jan 22, 2011
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Hi all,

I wonder if anyone can help with this.
I was involved in a road traffic incident nearly 3 and half years ago. The other driver was clearly at fault (failed to give way on a roundabout driving very dangerously). It took 2 years, but my insurance company at the time finally agreed and reinstated my NCB and returned my excess. I thought the matter was over, however a few days ago I received a telephone call from solicitors acting on behalf of my old insurers. They indicated that the case was still open and that the other driver still disputed liability and therefore the matter would go to court. I feel pretty stressed as thought I was finally passed this incident.

I am pretty sure the other driver has come up with some kind of injury claim and is basically after compensation.

I was therefore wondering if my NCB can be taken off me and can my old insurer 're-claim' my excess. Also legally do I have to go to court? I obviously do not want the other driver to get away with claiming damages falsely. I also do not feel I can discuss this with my insurer from the time as I am no longer a customer of theirs.

Any advice gratefully received
 
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T.C

New Member
Jan 5, 2011
29
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0
If a personal injury claim is made, depending on the severity, the case can remain open for several years as there are all sorts of factors which come into play such as the long term prognosis, and if the third party is disputing liablity, this can also draw things out.

However, if the third party is making a personal injury claim, then you should have received a letter of claim advising that there would be a personal injury claim submitted, and in any case proceedings have to be issued within 3 years of the date of the injury or date of knowledge whichever is the soonest, otherwise it becomes time barred.

The only way you can avoid going to court is if you admit liability, or if you fail to appear at court, then liability will be judged against you in your abscence.

Unlike a magistrates or crown court, it is a lot more relaxed in a civil court, and although you still have a legal obligation to tell the truth as you would in a criminal court, it is not as formal or stuffy.

Speak to the solicitors instructed by your insurers, they won't bite your head off and should be able to put your mind at ease, but 3+ years for a case to get to court is not unusual, the question is whether the injury claim is a scam, and whether the case should be time barred.
 
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