Insurance company recovering losses

[Golf38]

My partner crashed my car and is being prosecuted for drink driving - yeah suitable rollickings have been given out. However, the policy has a drink drive exclusion clause and is more likly than not, not going to pay out. There will be third party costs owing to a collision with another car. My question is: who are the insurance company likley to pursue, me as the policy holder or my partner as the driver at the time of the collision. And, will the go straight to the county court for a judgement or be prepared to settle out of court.

[Fay Mousse]

Is your partner a named driver on the policy?

If not, did he drive it with your permission?

In my experience, they will pursue the person with the most assets - it makes it easier for them. They could of course pursue you jointly.

I cannot see how the insurance will not pay the third party costs but they will be in their rghts to get the money back from you or your partner.

They will only take it to court if you refuse to pay.

[Golf38]

Yep they are on the policy and it was being driven with my permission.
I'm not particularly going to dispute the fact that they will want to recover what they've paid to the third party, I/we will pay it. I just want the opportunity to arrange terms without it going to the county court hence avoiding a CCJ.

Thanks for the answer though.

[Fay Mousse]

No problems at all then - it will only go to court if they can't get their money.

[gouldc]

What usually happens in these cases is that the insurance company are obliged under the terms of the Road Traffic Act to pay the third party claim (assuming that your partner was an insured driver under the policy), and then they should recover the costs directly from him.

We will ask for the full amount in remibursement, but normally end up arranging some sort of repayment scheme.

However, the terms of the scheme normally mean that one missed payment means a debt agency being instructed with immediate effect.

[LAW_DROP-OUT]

there probably within thier rights , if they want to pursue , to cliam from either one of you,,,,,,through County Court or Litigation,,,,