Other driver refusing liability now threatening court action!?

Question

My mother was involved in a car accident and an independent witness backs her statement that she was not at fault and it was the other driver. After a solicitor's letter from the other driver for financial reimbursement she now has had a letter from Direct Line who are threatening my mother with court action because my mother's insurance company are refusing to pay for the other car's damage. My mother has been told by her insurance company they do not expect her to claim liability and to sit tight. However now being told she is to go to court as her insurance company won't pay up, and so she is solely responsible for all costs, is worrying her a great deal. Please give me some advice on what we can do.

Answer 1

There is a liability dispute.  They say you're at fault, you say their at fault. Neither party wants to concede to the other party's version.  The other party is now taking you to court so that court can decide who is at fault.  This is not abnormal.  Your insurance company (or your mothers) should defend your mother in court, pay for any court costs to defend it and if you should lose then they should pay any damages up to the policy limits she has.  Tell your mother to cooperate with your insurance and court.  If she needs to show up and tell her story then she should.  The insurance company should hire a defense attorney who should be directing them and your mother on what to do.

And... suit papers would come to your mother as technically they are suing your mother.  You mother should provide this to the insurance company so they can address it for her so she doesn't have to.

Answer 2

Pass ALL correspondence to the insurance company.  It is their job to deal with it.

Answer 3

Fear not.

If she has to go to court, her insurance company will represent her.  If she loses, the insurance company will have to pay.

It is improper for the other party to even contact you, once they are instructed as to who your insurance carrier is.

Answer 4

direct line have to take the other drivers word for it, the person is using their legal cover to try and not have the claim go against them

your mums company will use her legal cover( if she has that with her policy) to do the same with d/line.... your mum has a witness on her side, and if the court did rule your mums at fault they are basically saying your mums insurance company has to pay for the claim (not your mum!) your mums company seem very confident about this otherwise they would have asked to try and settle 50/50 by now... solike they say sit tight let them do what they have been paid for

Answer 5

First, send the letter to your insurance company.  

Second. tell "Direct Line" they have to contact your insurance company for all matters pertaining to this incident.

Third, refer to the second option.  Magic words are "See You In Court"

Answer 6

Her insurance company are right - it is a tactic and she should heed their advice.

If, and it is a big IF, she does go to court the other party is unlikely to win especially with an independent witness. Seek reassurance from the insurance company and forward all mail to them for them to deal with - also you don't say if she had legal cover but if she did they can appoint a solicitor to assist her.

If not then she may need to speak to a CAB officer for help - please also note that if she says she is liable then her insurance company will then go after her for the funds they have paid out so far.