QUESTION:
A garage door was damaged when a third party accidentally drove into it.
The owner of the damaged property is a limited liability company.
The third party was driving the company director's private vehicle, the vehicle is insured in the personal name of the director with another insurer. A motor claim has been made on the motor insurer.
The insurer of the damaged property has advised they can not pursue recovery as the owner of the vehicle and the owner of the damaged property are the same.
My argument to them is that the owner of the damaged property, being a company, is a separate legal entity to the director and thus he and the insured are not the same person and recovery can be made against him.
Who is correct?
Is it correct to say this is considered a "fee"?
The insurer has said: "On the basis that the sum refunded reflects the sums charged/on charged to the claimant, we consider these to be fees."
Thanks!
CROSSLEY GATES ANSWERS:
The issue here is negligence by the DRIVER of the vehicle (although the owner can be vicariously liable as well in some situations).
The subrogated insurer of the garage door wishes to sue, in the insured company's name, the driver. As the driver must be a different legal entity to the insured company, this is possible. The insured company is not suing itself.
