Mnutter v Insurance company withdrawn indemnity

[mnutter30]

Hello everyone,

I'm wondering if anyone has ever experienced an issue that I'm currently going through and can offer some advice.
Back in 2012 I was involved in a road traffic accident on the motorway. I was driving and my wife was front seat passenger with our 2 boys in the rear. It was my wife's policy with me as named driver. As a result of the accident my wife and boys suffered minor injuries. Initially did not think she was entitled to make a claim with it being her policy however it turns out that she could so a claim was made.
I recently received a letter explaining that indemnity on my insurance policy had been withdrawn and I have now been brought into proceedings because I was the driver and it was my fault. I have no idea why indemnity has been withdrawn and I have tried contacting the insurance company for information but I am not getting anywhere.
I have now just received a "notice of proposed allocation to fast track" letter advising me to complete a N181 form and I have no idea what this means and where I now stand. The notice shows me and 1 other (suspect the insurance company) as the defendants with my wife being the claimant.

What should I do because I have to complete the form and send it back in the next 2 weeks?

Any advice would be hugely appreciated.

Thank you

Mark

[Amethyst]

Re: Hi All - New member in need of help and advice!

Did your wife receive any advice on the potential consequences of making a claim for you as the driver ? Is this a personal injury claim or a claim to her insurers for the damage to the vehicle ?

[mnutter30]

Re: Hi All - New member in need of help and advice!

Hi Amethyst

Thanks for the rapid response.
It's a personal injury claim because the car was sorted pretty quickly. It was written off.
After the accident my wife and I didn't believe that a claim could be made because it was against her own insurance company so she lost half of her no claims etc and that was that. 3 months later I had another bump (worst period of my life and driving history) and after this my wife was bombarded with telephone calls from claim companies. My wife spoke to the claim company at length and raised her concerns explaining how she couldn't get her head around the fact that she was able to claim against her own policy and she certainly didn't want to file a claim against her own husband. They explained that they would take on both matters and she was told on numerous occasions that it was "not a claim against your husband it's against the insurance company" and she was advised that we had already been penalised by losing her no claims etc (for both matters) and he kept going on about "we cannot be penalised twice" taking quotes from film double jeopardy! They also said that if she didn't claim within 3 years then the money put aside by the insurance company would go to the government.
On both incidents we were insured by the same insurance company and the 2nd accident has now been settled with absolutely no issues whatsoever.

Can't understand why the first matter hasn't.

Thanks

Mark

[des8]

Re: Hi All - New member in need of help and advice!

You should immediately contact the insurance company who are acting on your behalf.
If done by phone confirm any conversation you have with them in writing (email will be sufficient).

Any communications you receive from a third party should always be referred to your insurers.
The policy might be in the name of your wife, but as the insurers cover you as named driver they are also your insurers, and you need to follow the T&Cs of the policy.
All your rights are subrogated to your insurers, and you are required by the policy to keep them fully informed.

[mnutter30]

Re: Hi All - New member in need of help and advice!

Hi des8,

I get the impression that I'm on my own with this one because my the insurance company have withdrawn indemnity and are acting in their own interest. Not really clued up on this stuff but it would appear that they have issues with the claim (god only knows what) so my understanding is that they will recoup any money awarded to my wife from me! So in that case I have nobody to turn too because their not supporting me.
Seems stupid that any money awarded to my wife will go straight back to the insurance company plus fees and court costs if I lose.

[Amethyst]

Re: Hi All - New member in need of help and advice!

What claims firm is this ?

The bit about holding money for three years then giving it to the government is simply tosh.

[mnutter30]

Re: Hi All - New member in need of help and advice!

I'm not joking, she was literally inundated with phone calls. Can't recall exactly who it was that provide us all that info but they passed her onto Silverbeck Rymer who are/were dealing with both matters.
That's a different story altogether though. She's been passed from pillar to post and had numerous claim handlers dabbling in both matters with one not knowing what the other has done. They stuffed up medical examinations due to both accidents happening in a short space of time. They sent wife and children to see an orthopaedic surgeon to write a report about both matters but his report was based mainly around the second accident with the first only briefly being mentioned. My wife raised this with the claim handler who in turn had to re contact the surgeon to get it amended but even now it still only briefly mentions the first accident which was more serious than the second and happened on the motorway. This has been going on now for over 1 1/2 years. Maybe the lack of medical information is why the insurance company have raised issues now.

[des8]

Re: Hi All - New member in need of help and advice!

Has the insurance company stated what serious breach has occurred to cause them to withdraw indemnity?

It's a long time since I have dealt with such a case but I seem to recall that the only course left to the injured parties is to sue you and join the insurers into the proceedings.
This will cause the insurers to put forward their case for withdrawing indemnity, at which point you will be able to argue against their action.

[mnutter30]

Re: Hi All - New member in need of help and advice!

No they haven't said. I contacted Aviva when I received the letter about the indemnity being withdrawn to find out what the issue was but the chap on the phone said he would send the claims team an email so that they can get back to me but I've heard absolutely nothing. I'm at a loss as what to do now. All the court documents have my wife down as the claimant with myself and 1 other (I assume the insurance company) as the defendants.
It driving me crazy (no pun intended!) and I just don't know what I need to put in the N181 form and who the hell to send a copy too as directed in the letter.

[Amethyst]

Re: Hi All - New member in need of help and advice!

Their reviews really are awful. They seem to have been bought out by Quindell Legal Services.

N181 is a fast track claim. A copy should be sent back to the court and to the claimant. If the claimant is your wife via Quindell/Silverbeck Rymer Solicitors then a copy needs to go to them. Silverbeck rymer can't deal with the defence and the claim so they will be acting for just your wife.

The claim form should state who the defendants are ? Does it not? It would be Aviva if they are your wifes insurers and you're on her policy... I'd definitely contact them again and find out whats occuring.

Do you have a copy of the claim form and the defence entered ? Did you enter the defence or did Aviva ?

I can't get my head around it, your wife is suing her own insurance company basically because the named driver on her own policy was responsible for an accident, so she is basically suing herself. Have you seen a solicitor yourself independently - it might be an idea - if you can get a free or fixed price half/hour appointment it might help sort out what you are actually facing here.

Has the insurance company stated what serious breach has occurred to cause them to withdraw indemnity?

Would it not be a breach to bring a claim against yourself ? ( the named driver is part of the claimant's policy )

The mysteries of the personal injury world.... bit beyond me I'm afraid.

[des8]

Re: Hi All - New member in need of help and advice!

Without knowing a lot more about the circumstances I believe you should be obtaining professional legal advice.

Certainly go back to Aviva, phone and email, and push for an explanation for the withdrawal of indemnity..

[des8]

Re: Hi All - New member in need of help and advice!

[QUOTE=Amethyst;587092]

I can't get my head around it, your wife is suing her own insurance company basically because the named driver on her own policy was responsible for an accident, so she is basically suing herself. Have you seen a solicitor yourself independently - it might be an idea - if you can get a free or fixed price half/hour appointment it might help sort out what you are actually facing here.


She is actually suing her husband, but because the insurers of her husband have withdrawn indemnity they will be joined in as co defendants.
She is not suing the insurers as her insurers, although it is her insurers who carry the cover..........................I think!

[Amethyst]

Re: Hi All - New member in need of help and advice!

Yes, she is suing Aviva who hold her husbands Insurance cover ( as named driver on her policy).

What could the withdrawal of the indemnity mean for the OP ? ( or what does withdrawal of indemnity mean generally as it is something I know I'm not clear on at all)

[des8]

Re: Hi All - New member in need of help and advice!

It means in effect that there is some reason for the insurance company to say there was no cover in existence for the driver at the time of the incident.
This effectively makes the driver uninsured.
However current legislation and regulations don't allow for this option and the insurer acts as RTA insurer or article 75 insurer.
This means the insurer will deal with the claim so the injured third party does not go without compensation due to an uninsured driver (and it avoids the MIB being inundated with uninsured claims).
However it does allow the insurer to recover (or attempt recovery) from the driver.

[mnutter30]

Re: Hi All - New member in need of help and advice!

So how on earth do I find out what the issue is? Are they obliged to tell me? It seems funny how they didn't have this issue with the second accident and I was insured in exactly the same way with the same company!