uninsured crash

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2

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  • antrobus
    antrobus Posts: 17,386 Forumite
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    Mr_Pitiful wrote: »
    ...

    From the insolvency service website:

    What happens to my bankruptcy debts after I am discharged?
    Once you are discharged from your bankruptcy you are usually released from the unsecured debts that existed at the date of the bankruptcy and which could be included in the bankruptcy. See ‘Will all my debts be included in my bankruptcy?’.

    There are some debts you will not be released from when you are discharged. These include:
    • any debts obtained through fraud;
    • a liability to pay damages in respect of personal injury to someone; or
    • any obligation to pay a lump sum or costs made in family proceedings or under a maintenance assessment made by the Child Support Agency.

    S281 (5) Insolvency Act 1986 states "Discharge does not, except to such extent and on such conditions as the court may direct, release the bankrupt from any bankruptcy debt which—
    (a) consists in a liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other duty, or to pay damages by virtue of Part I of the Consumer Protection Act 1987, being in either case damages in respect of personal injuries to any person    ".

    Presumably the solicitor is looking into the question of the 'extent' and 'conditions' that a 'court may direct'.
  • meer53
    meer53 Posts: 10,217 Forumite
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    gayle21 wrote: »
    to qualify for a trust deed you have to owe money to three creditors. apart from this personal injury claim i have no debt. I've always been really careful about that. If I don't have the money then I do without

    if I jack in my job they cant arrest my wages but that is counter productive. I'm seriously stressed tonight. I WANT to pay but the thought of paying for the rest of my life....... i'm on minimum wage.....

    I expected the claim to be about 5k. not 41k.

    If I enter a trust deed then I pay the maximum that I can afford which Im happy to do. it was my fault so it's only right. But for my own sanity I need there to be an end in sight. Does this make sense?

    If the other person is injured enough to be claiming 41k, they may be affected for the rest of their life too, have you thought about that ? Are you going to be on minimum wage for the rest of your working life ? Probably not, it might not take as long as you think.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
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    gayle21 wrote: »
    Thanks paddedJohn, hope you never make a silly mistake. Must be great to be perfect.

    My life is destroyed and you're glad. Nice guy.......


    No ones perfect and we all make mistakes but some of us show a little remorse for our mistakes but you are trying to worm your way out of paying what you owe.
    Be Alert..........Britain needs lerts.
  • orchidpepper
    orchidpepper Posts: 96 Forumite
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    He wasn't injured........ but thats not really my issue. As I said, he deserved compensation although he was claiming items that didnt exist and no doubt non existant injuries as most people do.

    My issue is the rest of my life as selfish as that may sound. I want a future, I suffer poor health mental and physical so yes, NWM is likely either that or benefits. I know im being quite negative tonight, I really am trying not to be.

    I believe most of the amount is legal costs as this has went on for 7.5 years. His amount likely was 5k or so.
  • orchidpepper
    orchidpepper Posts: 96 Forumite
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    PaddedJohn, I have repeatedly stated I WANT to pay but 41k? really? It is not even remotely possible that I can pay that off.

    You obviously have read the parts you wanted.

    My Mother taught me that if you don't have anything nice to say don't say anything at all. I broke that a little when I replied to you the first time so for that I apologise.
  • Torry_Quine
    Torry_Quine Posts: 18,834 Forumite
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    while PaddedJohn may seem a little harsh he makes some good points. You didn't renew your insurance and so have to face the consequences and you are only assuming they weren't injured. Indeed they may have life changing injuries and could only hope of even a minimum wage job.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • meer53
    meer53 Posts: 10,217 Forumite
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    I don't see how a claim for 41k can be for "minor (or non existent) injuries" I can't see any claim for that amount being successful without evidence. Have you been told what he was claiming for ? You're making assumptions about costs which isn't fair if you don't have all the details.
  • VitaK
    VitaK Posts: 651 Forumite
    I've been Money Tipped!
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    Hopefully people will read this story and go home and check there insurance.
  • orchidpepper
    orchidpepper Posts: 96 Forumite
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    I hope so VitaK, I never want anyone else to have this happen to them. I now have a calendar and put EVERYTHING on there. I'll never forget again

    I was certain I was insured, would have put money on it!
  • antrobus
    antrobus Posts: 17,386 Forumite
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    orchidpepper wrote: »
    ...I was certain I was insured, would have put money on it!

    You did put money on it.
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