Desperately need advice on insurance company recovering money.

Convicted Driver Insurance

Rhism

New Member
Hi,
My partner caused a rta in 2016 resulting in injuries to both himself and another driver.
He pleaded guilty and paid the price of a prison sentence.
As his blood alcohol level was over the legal limit he was told his insurance was void and there has been an ongoing claim against him since. It has finally settled for £117k and he has now received a letter stating that it needs paying within 14 days (it’s nearly been that now) and if he cannot do that then then esure will pay but will take steps to recover the money.

We’ve tried to seek advice but not managed to get very far besides being told to file for bankruptcy. This may be the only option as we don’t have a mortgage or any assets and obviously with serving a prison sentence he lost his job and struggled to get back into employment due to the criminal record.
Hes started to get life back on track but only has a minimum wage job and no way of paying anywhere near that amount back.
The whole situation is causing a lot of stress and I’d really appreciate any advice.
Thank you
 
Hi,
My partner caused a rta in 2016 resulting in injuries to both himself and another driver.
He pleaded guilty and paid the price of a prison sentence.
As his blood alcohol level was over the legal limit he was told his insurance was void and there has been an ongoing claim against him since. It has finally settled for £117k and he has now received a letter stating that it needs paying within 14 days (it’s nearly been that now) and if he cannot do that then then esure will pay but will take steps to recover the money.

We’ve tried to seek advice but not managed to get very far besides being told to file for bankruptcy. This may be the only option as we don’t have a mortgage or any assets and obviously with serving a prison sentence he lost his job and struggled to get back into employment due to the criminal record.
Hes started to get life back on track but only has a minimum wage job and no way of paying anywhere near that amount back.
The whole situation is causing a lot of stress and I’d really appreciate any advice.
Thank you

Good afternoon, the other advice on this forum in regards to this is outdated and goes back in some cases over 10 years. You need to contact the insurer to negotiate an affordable payment plan. Your husband does not need to file for bankruptcy unless they reject his payment offer and file through the courts for a judgement for that amount.

There is no statute of limitations for a private company to sue you for costs. The 6 year statute of limitations applies to creditors carrying out collection activity through a debt collection agency. This does not extend to a civil case being brought forward for payment. If they do bring a case forward bankruptcy would be the only option if there are no assets.
 
Good afternoon, the other advice on this forum in regards to this is outdated and goes back in some cases over 10 years. You need to contact the insurer to negotiate an affordable payment plan. Your husband does not need to file for bankruptcy unless they reject his payment offer and file through the courts for a judgement for that amount.

There is no statute of limitations for a private company to sue you for costs. The 6 year statute of limitations applies to creditors carrying out collection activity through a debt collection agency. This does not extend to a civil case being brought forward for payment. If they do bring a case forward bankruptcy would be the only option if there are no assets.

Interesting. Can you point me to the law that says there is no statute of limitation. Should we be worried that Admiral will come after us after 10 years?

The OP clearly needs some professional advice. Citizens Advice and StepChange are two organisations that spring to mind.
Not all types of debt can be included in bankruptcy. PI claims is one type that can't be included but I don't how this works when the claim has already been settled by the insurer. An IVA might work.
 
Good afternoon, the other advice on this forum in regards to this is outdated and goes back in some cases over 10 years. You need to contact the insurer to negotiate an affordable payment plan. Your husband does not need to file for bankruptcy unless they reject his payment offer and file through the courts for a judgement for that amount.

There is no statute of limitations for a private company to sue you for costs. The 6 year statute of limitations applies to creditors carrying out collection activity through a debt collection agency. This does not extend to a civil case being brought forward for payment. If they do bring a case forward bankruptcy would be the only option if there are no assets.
Thank you for taking the time to reply.
I don’t know much about it as have never dealt with anything like this. I just saw the mention of the 6 year statute of limitations on this forum so thought I’d ask about it.
The only advice we’ve been given is bankruptcy when we spoke to cab and a PI solicitor but they both stated that they weren’t really sure on as it wasn’t something they’d dealt with.
I’ve also enquired with a number of local firms and family members who are solicitors (unfortunately not in the area of law we’d need!) and nobody seems to know the best place to obtain advice.

I was just hoping we could speak to somebody before he replied to the letter so we don’t say the ‘wrong’ thing.
 
Interesting. Can you point me to the law that says there is no statute of limitation. Should we be worried that Admiral will come after us after 10 years?

The OP clearly needs some professional advice. Citizens Advice and StepChange are two organisations that spring to mind.
Not all types of debt can be included in bankruptcy. PI claims is one type that can't be included but I don't how this works when the claim has already been settled by the insurer. An IVA might work.
Thank you, we’ve spoken to CAB but hadn’t heard of stepchange so will look into that.
 
Interesting. Can you point me to the law that says there is no statute of limitation. Should we be worried that Admiral will come after us after 10 years?

The OP clearly needs some professional advice. Citizens Advice and StepChange are two organisations that spring to mind.
Not all types of debt can be included in bankruptcy. PI claims is one type that can't be included but I don't how this works when the claim has already been settled by the insurer. An IVA might work.

I've not forgotten about this DD, I'm currently on holiday and will get you the text book exerts as that's part of what I was studying last term before Christmas. I just don't have them on hand now.
 
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