# All insurers, I need some advice please.



## rob3rto (May 23, 2007)

Here's the story.
About 3 years ago, my dad got shunted from behind. He was ok but the 3rd party wasn't wearing seatbelt so got a nasty headache and went to hospital. Police went to interview him. Turns out he was way over the drink/drive limit. 

My dad got paid out for damage after a bit but took 2 years to get his excess back. 

He's no longer with the same insurance company now but they keep writing to him asking him to sign a form that allows them to Sue the 3rd party in his name.

He's been paid all that is owed so why are the asking him to do this? Should he sign?
Tried calling Financial Ombudsman but they gave another number which turned out to be Legal Ombudsman who of course said they can't help.

Any help/pointers greatly appreciated as they are now leaving daily voicemails and yesterday, hand delivered a scrawled note reminding him to sign and return the form.

Thanks.


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## Shiny (Apr 23, 2007)

As it stands, it looks like although your dad has got his money back, the Insurers are still trying to recover their money from the bloke that hit your dad (or from his insurers). 

Your insurers have subrogation rights under the terms of your dads policy, which means they can pursue their losses as if they were dad (they have after all paid a repair cost on behalf of your dad). 

Your dad should sign the form so his insurers can continue their claim and get their money back. As it stands, your dad will still have effectively a "fault" claim against him as his insurers have not yet recovered their losses. 

If your dad doesn't sign it, he is actually in breach of his policy conditions. If he does sign it, his insurers can crack on and get their money back from the person that hit him. 

Get your dad to ring his insurers just to clarify that this is the case (without knowing the full case details I have to make assumptions) and no doubt they will put his mind at rest.


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## rob3rto (May 23, 2007)

Thanks, I'll get him to ring them tomorrow.
Just sounded weird.


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## rizo (Jul 14, 2012)

perfectly said :thumb:



Shiny said:


> As it stands, it looks like although your dad has got his money back, the Insurers are still trying to recover their money from the bloke that hit your dad (or from his insurers).
> 
> Your insurers have subrogation rights under the terms of your dads policy, which means they can pursue their losses as if they were dad (they have after all paid a repair cost on behalf of your dad).
> 
> ...


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