Not sure if this should be here or in the law section, but here goes!
On 10/07/06, a moped went into the back of my car as I slowed approaching a junction. When it happened, he admitted he turned away and did not see me braking and several witnesses confirmed that. I phoned the insurance company and a few weeks later I took it to the garage. They assessed it and said to book it in for a repair. After a couple of months I was in a position to have it done (I had no other vehicle and no replacement on insurance). I had to take it to the garage a couple of times as they kept saying it was fixed, but it wasn't ... anyway, I received a letter from the insurance to say that there was no dispute with liability and the excess was waived and I heard no more. When my ins. renewal came through (Feb 07), there was 0 no claims and when I enquired, it turned out the claim was STILL open. My insurance company then said that they couldn't get hold of the other company, and this went on for several weeks during which time, investigators and all were sent. Now I have had a letter initiating court proceedings for the insurace company to recover their costs (I previously had to fill out an uninsured loss questionnaire - I assume the moped driver had no insurance?). I myself have not incurred any losses, my insurance company waived the insurance and I am not liable - is there anything I should be doing, or do I just go along with the court so they can claim back their losses? Should I lose my no claims because of this??
Driving ... seems more hassle than it's worth sometimes!! :D
The uninsured losses means things your policy does not cover such as xs, loss of earnings etc. It does not mean the moped rider had no insurance.
It is going to court because the other insurance company may have admitted liability (thus the xs waiver) but they have not yet paid your insurance company's outlay for your repairs. You should not have to attend as it is a dispute of non payment rather than liability.