3

I was involved in a car crash almost 2 years ago. I had to go to court and give evidence as to what happened and the other driver was found guilty.

My insurance company is now having to start legal proceedings again because the other person's insurance company is refusing to pay for the hire car I used whilst the damage was assessed on mine.

The whole thing is starting to drag out and I'm having to spend time looking through old insurance policies and work documents because I was covered by my company's business insurance at the time.

Can I submit claims for the time I'm having to spend trying to contact my old employer, looking through paperwork, etc.?

Can I only claim back the money if the case goes to court, or can I claim it even if it doesn't?

UK law applies

  • Are you asking about claiming against the counterparty in court, as part of a civil action? Or are you asking about making a claim against your own insurance company? If the latter, are you spending time fulfilling their requests and supporting their case, or are they supporting a case in your name? And does your policy with them address whether you have an obligation to do any of this without compensation? – feetwet Apr 6 '16 at 21:58
  • Im just asking about claiming money back in general because up to now iv'e spent over 9 hours getting all the documents that my/his insurance company have asked for. – user2649305 Apr 7 '16 at 9:19
  • 1
    If you're not required to do the work by contract (e.g., per your insurance policy) or by court (e.g., by subpoena) then why not submit an invoice to whomever requested it and see what happens? – feetwet Apr 7 '16 at 11:49
  • may well try that, thanks for the response :) – user2649305 Apr 7 '16 at 15:26
2

Can I claim back money for the time Im having to spend trying to contact my old employer/looking through paperwork, etc

Nope. Time spent in preparation for legal proceedings is never recoverable by way of a court order, however it is possible to recover some (but not all) costs incurred in employing legal counsel if you are successful in your claim or defence.

Can i only claim back the money if the case goes to court or can i claim it back anyway even if it doesn't ?

Although this question is essentially answered above, even if you were able to claim the money back, this would generally happen by means of a court order - again, you'd need to go to court.

Neither of the above precludes out-of-court settlement by the parties which may include compensation for time spent.

  • So the moral is: Try to get your lawyer to do as much of the work as possible? – feetwet Apr 6 '16 at 21:53
  • 1
    Heh, in the "loser pays" system you're unlikely to recover all of your costs, so it's still best to have your lawyers work as efficiently as possible. – jimsug Apr 6 '16 at 21:57

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.