I was involved in a collision about 9 months ago. Moderate damage to my vehicle and no/little damage to the other vehicle. I submitted my statement to the insurance company got my car repaired and hear nothing further until today. There were no injury claims (I was hit by a truck hence little damage to them!).

Today I received a letter with a witness prep form and the fact that the defendant is refusing the claim from my insurance company. I filled in the form and have sent back to the solicitor but they have said it may go to court for a hearing.

From what I understand this is just a civil hearing brought by my insurance company against the defendant to claim back their losses – i.e. the repairs to my vehicle. I understand this to mean that I am only a witness in their case and will just have to answer questions so the judge can decide how to proportion claims and who gets the bill.

I have never been asked who was at fault and have had no real contact from the insurance company apart from filling in the initial forms. I assume this means that my insurance company thinks that I am in the right and cant settle with their insurance company?

There are no losses against me hence I am not named as a claimant on the legal papers

Anyone know if this is correct? Cheers

Had the same situation a couple of years ago but my insurers wanted to go 50-50. I stuck to my guns and said I was prepared to fight it in court if necessary. It went that far but my insurers stuck with me and got it sorted without me having to go to court (civil court) so Stavromuller 1 – Eddie Stobart 0

No one has mentioned settlements. I guess because I haven’t claimed anything and it isn’t my car or insurance (company car) then I’m not involved in the process and the lease company must feel they have a good case. They might be calling the other parties bluff I guess.

I think you have it right, you are there as a witness and it’s only going to court cos the other guy denies fault – and yes it’s the civil claim.

My friend had this after being hit by a bus. She was advised that it was standard practise by commercial companies to limit claims against them and keep their premiums down. Given that yours involved a lorry and Stavromuller’s the same then this may well be why rather than anything to worry about.

NB – if you have any losses yourself from the accident – out of pocket, excess etc (or that nagging pain in the neck that comes on occassionally) then you might want to get yourself joined as a party to the action against the other guy

when you have done that could you start a thread asking why everyones insurance premiums are too high?