WTB wrote:
Mr Kissyfur wrote:
Craster wrote:
Pretty sure they can't just pursue you directly if they fail to get your insurers to pay, can they?
IANAL, but I think they can. You'd then get your insurers involved anyway, but there's nothing stopping them suing you personally.
This is a bit of a weird paradox you've created here. Hang on.
*smacks self about head*
Right, er, hang on...
Right.
Mrs Dom is insured. If they sue her, the insurance covers any damages/legal expenses the Claimant may or may not recover. If they "sue" Mrs Dom, the insurers take over. If the insurers decide there isn't a claim and tell them to fuck off, that's it. All they can do from there is drop it or take the matter to trial where a judge will decide the outcome. If they win, Mrs Dom's insurers pay out. They can't just bypass the insurers and start pursuing Mrs Dom directly. Not unless it turns out Mrs Dom isn't insured for some reason, in which case the insurers would have told Claimants that already.
That's what I said, but longstyle. And I was less wrong.
There's nothing stopping them issuing proceedings in Mrs Dom's name (which it would be anyway even if the insurers received the claim form - the claim will always be against "Mrs Dom") but Mrs Dom then just gets her insurers to deal with it. You can't sue an insurer for the action of the insured - basic legal point, really. The insurer just agrees with the insured that they'll meet the costs of any case the insured ends up in, provided they get to be in charge. but they do all that as the insured's agent, basically.
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They're massively ignoring the CPR by sending letters to Mrs Dom, which is punishable with costs penalties if they lose at trial. .
For reelz? Thankfully I don't have to know anything about the CPR very often, and if I ever do I just has peeps to deal with it for me.
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They can't do anything to you directly (unless you're uninsured)
Except yes, they can. You don't sue the insurance company.