Hi all,

my boyfriend had an accident this time last year, and refused to accept liability. On this basis the claim was then closed with Swift and nothing more said. Then in May when he did not renew with Swift mysteriously the claim was reopened and investigated (apparently the 3rd party wanted to put in a claim with Swift).

We received a letter today titled 'early notification letter' from a solicitor of the 3rd party informing us that they were starting proceedings to recover over £600 worth of costs. (attached is a copy of Volvo's invoice to Esure the 3rd parties insurer). These are costs we had no idea of - and we certainly did not know the work was being done. Also we offered to get her car fixed outside of insurance and she refused.

Can anyone tell me if this means we are being sued for the money or what it actually means? We thought this was all going through insurance but the letter to us describes loosely the accident - it contradicts itself somewhat and isnt even properly address to us (has only the surname where the whole name should be written).

Also the road is wrong on the letter that the accident happened on.

If this went to court would it get thrown out due to lack of consistancy? It basically says in one part that he hit her while she was moving and in the next part that she was stationary....

Other points to note here:

* Our car was a Rover 620SLi which if insurance did the work would of been a write off

* We fixed it for £30 + a few boxes of chocolates

* The Rover is now sold and has been for nearly 3 months (Though we have plenty of pics of the damage)

Here are some pics of the damage - in my opinion if he had hit her then he would of smashed his headlight / damaged the bonnet / creased further forward on the wing

if they can't get your name right and also the road it happened on then surely there is no proof for a court to work with. I don't know much about court cases but it seems to me like there would be a lack of evidence to charge you for anything.. And seeing as they haven't contacted you regarding the work being done it just seems odd....

Hope it all works out.

First of all was there any witneses to the accident second call the insurance up and ask whats going tell them he ent accepting liability say it was the other persons fault which i take it was.if u dont accept liability and the other person dont it will have to be settled 50-50 or in court and in your case it should get chucked out as nothing from the 3rd party is right hope that helps

hi guys thanks for responses, got a bit more info today.

Swift have not had anything from the other party to show the damage - not even a statement (whereas from us they had pics, statement and road diagrams).

It seems Swift have looked at our pics and refused to accept liability and then the case was dropped. For some reason it has now been started again with this letter. Swift have had a smiliar letter to ours and cannot do anything about it until it becomes a court summons. In that even Swift will then provide legal cover as they were notified of the accident during the time we were with them and it was part of the policy.

We are going to call the solicitors tomorrow and as if this letter is meant for us or Swift and if it is us we are going to explain that we do not have any information from the 3rd party regarding the damage to her car and everything else.

Someone else has pointed out the bonnet is out of line - though all the times I looked at the front end of the car I never noticed and the whole time its been in the family (6 yrs) never been in a front end.

I am hoping if this goes to court that it will get thrown out due to 3rd party lack of consistant evidence.

Cheers

Forward it to Swift. It refers to an incident/alleged incident which occurred whilst they were insuring you.

I wouldn't worry too much, it's standard procedure for insurers who have had to fork out for repairs to try it on, rarely makes it to court, especially not for 6 ton. A learner pulling off a main road drove into the side of my old man's car denting three panels while he was stationary, the 'instructor' (her mum) claimed it wasn't her fault as they were 'pulling off a main road' new rule on me! Even with witnesses and this most ridiculous explanation, their insurers sent letter after letter demanding the repair of the front end of her car! My dads insurers told him not to worry, it happens all the time, basically, for the offending party's insurer its a case of send a few letters and maybe get the money, or don't try it on at all and definitely get no money, so they might as well have a go if you know what I mean, it doesn't cost them anything till it gets to court so they just take it that far, no further.

thats good to know, not so worried now. Its been just over 2 weeks since the letter run out and we've not had a court summons yet (touch wood). Hope we don't get one I really do but I know hes telling the truth as over the last year I've asked him to recall what happened and each time hes told me the same thing.