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  • FIRST POST
    • jofish2669
    • By jofish2669 8th Oct 16, 8:57 PM
    • 17Posts
    • 108Thanks
    jofish2669
    Help! Ds @uni,accident in May,just recd County Court claim
    • #1
    • 8th Oct 16, 8:57 PM
    Help! Ds @uni,accident in May,just recd County Court claim 8th Oct 16 at 8:57 PM
    Hi,never posted before so please bear with..
    My 18yr old son went into the back of a car in May,it was rotten weather raining,spray etc and he admits he should have braked sooner.Luckily he wasn't going fast & tried to go into barrier rather than car so not much damage to car he hit.He was insured,exchanged details with driver who was fine,police arrived and everything sorted.Any damage to the other car was paid by my sons insurer.Not prosecuted or points on his licence.
    He sold his car before uni and cancelled insurance.
    Today a large brown envelope arrived which I opened (he has given me permission to do so while he is away)Inside is a County Court claim,HM Courts & Tribunal service document,medical report of chap(soft tissue damage,no time off from work,imo he is swinging the lead)claim form,2 invoices for CL MediCall aid and a notice of funding of case.The company is SGI Legal.It is very legal and scary looking!
    Before I tell my son this has all arrived I really want a plan of action as he is already having a hard time settling in to uni.
    Why have they sent it to my son and not made a claim to his insurance company?
    He is a student on a full grant as we have no money,can they make him pay?
    It says that if he doesn't respond a decision will be made without him.
    I am unsure as to where this will take place as Claim Form issued from a localish Court but they say they want the hearing to take place at Birkenhead which is hundreds of miles away.
    Any advice would be greatly appreciated.
    Janus Illusion# 43 : NSD 2/20, Food 101/220 , Petrol 26/100 , Misc /70 , Foodbank /£3 , Packed Lunch 2/16
    Sealed Pot Challenge #2150
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Page 1
    • Paradigm
    • By Paradigm 8th Oct 16, 9:11 PM
    • 3,304 Posts
    • 4,208 Thanks
    Paradigm
    • #2
    • 8th Oct 16, 9:11 PM
    • #2
    • 8th Oct 16, 9:11 PM
    Pass it on to your sons insurer. That's what he paid them for.
    Last edited by Paradigm; 08-10-2016 at 9:14 PM.
    Always try to be at least half the person your dog thinks you are!
    • jofish2669
    • By jofish2669 8th Oct 16, 9:23 PM
    • 17 Posts
    • 108 Thanks
    jofish2669
    • #3
    • 8th Oct 16, 9:23 PM
    • #3
    • 8th Oct 16, 9:23 PM
    Thanks for the reply.
    Will they contact the court?,that is the bit that worries me the most.Or do I/Ds have to let them know that it has been referred to Insurance company?
    Janus Illusion# 43 : NSD 2/20, Food 101/220 , Petrol 26/100 , Misc /70 , Foodbank /£3 , Packed Lunch 2/16
    Sealed Pot Challenge #2150
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    • Nasqueron
    • By Nasqueron 8th Oct 16, 11:20 PM
    • 2,966 Posts
    • 1,602 Thanks
    Nasqueron
    • #4
    • 8th Oct 16, 11:20 PM
    • #4
    • 8th Oct 16, 11:20 PM
    The guy your son hit has had his details passed on to an ambulance chaser who have tempted him with the idea of free money by lying about non-existent injuries. Pass this all onto the insurers and they will deal with it and all of us pay more on our premiums because of fraudsters like this
    • missile
    • By missile 8th Oct 16, 11:30 PM
    • 8,319 Posts
    • 3,947 Thanks
    missile
    • #5
    • 8th Oct 16, 11:30 PM
    • #5
    • 8th Oct 16, 11:30 PM
    Do not respond to any correspondence. Your DS insurer should deal with this. Keep a copy and forward all correspondence to them asap.

    You mention county court claim. It is unclear to me precisely what you have received, but if this is a summons then he must attend. Hopefully his insurer will provide legal assistance.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • Aretnap
    • By Aretnap 8th Oct 16, 11:33 PM
    • 2,427 Posts
    • 1,901 Thanks
    Aretnap
    • #6
    • 8th Oct 16, 11:33 PM
    • #6
    • 8th Oct 16, 11:33 PM
    The act that the claim is made against him rather than his insurance company is basically a legal nicety - he's the one who caused the accident so he bears ultimate responsibility. They don't sue the insurer because nobody is claiming that the insurer damaged anybody's car or injured anybody. Rather they sue your son and your son asks his insurer to indemnify him in accordance with the terms of his policy (as it stood at te tie of the accident). It's quite standard and while it does need prompt attention, it's not a cause for undue alarm.

    He should contact his (former) insurer immediately, or at least first thing on Monday morning, forward the documents to them, and for a belt and braces approach phone again a few days later and make sure they've received the document and are dealing with them. He should not respond to the documents personally or otherwise attempt to deal with the claim himself - it's for the insurer to decide how to deal with them.
    • GothicStirling
    • By GothicStirling 9th Oct 16, 12:05 PM
    • 865 Posts
    • 649 Thanks
    GothicStirling
    • #7
    • 9th Oct 16, 12:05 PM
    • #7
    • 9th Oct 16, 12:05 PM
    They are trying to scare your son into settling. Same happened to my sister, she sent info to her insurer, ended up as a 50-50 and the transit she hit because his rear brakelights failed got £0 (her car was written off, his van had superficial damage, yet he was the one claiming for whiplash and time off work).
    • jofish2669
    • By jofish2669 9th Oct 16, 6:51 PM
    • 17 Posts
    • 108 Thanks
    jofish2669
    • #8
    • 9th Oct 16, 6:51 PM
    • #8
    • 9th Oct 16, 6:51 PM
    Thank you for your replies,it has really helped.Have got all my Ds details and will speak to insurance tomorrow.
    Janus Illusion# 43 : NSD 2/20, Food 101/220 , Petrol 26/100 , Misc /70 , Foodbank /£3 , Packed Lunch 2/16
    Sealed Pot Challenge #2150
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    • Loanranger
    • By Loanranger 9th Oct 16, 6:55 PM
    • 1,804 Posts
    • 4,528 Thanks
    Loanranger
    • #9
    • 9th Oct 16, 6:55 PM
    • #9
    • 9th Oct 16, 6:55 PM
    Be aware that it is possible that insurance company will not speak to you, only will speak to your son. Can he be in the house with you when you phone?
    • DCFC79
    • By DCFC79 9th Oct 16, 7:03 PM
    • 27,753 Posts
    • 17,526 Thanks
    DCFC79
    Be aware that it is possible that insurance company will not speak to you, only will speak to your son. Can he be in the house with you when you phone?
    Originally posted by Loanranger
    Unles the son has given the OP permission to speak to them on his behalf.

    All you would need to do OP is call the insurer and ask what address the forms need to be sent too, it shouldnt require any security to be passed.

    If you have the documents with you the address might be in there. But take a copy or 2 in case the first goes missing.
    Je Suis Charlie
    • Owain Glyndwr
    • By Owain Glyndwr 9th Oct 16, 7:10 PM
    • 1 Posts
    • 0 Thanks
    Owain Glyndwr
    Get son to call insurer and send the claim form to them registered post. It is then insurers problem
    • Nasqueron
    • By Nasqueron 9th Oct 16, 8:43 PM
    • 2,966 Posts
    • 1,602 Thanks
    Nasqueron
    They are trying to scare your son into settling. Same happened to my sister, she sent info to her insurer, ended up as a 50-50 and the transit she hit because his rear brakelights failed got £0 (her car was written off, his van had superficial damage, yet he was the one claiming for whiplash and time off work).
    Originally posted by GothicStirling
    The poster doesn't choose to settle, the insurance company does that, usually as it's cheaper than fighting, you can't force them to argue it in court.

    Outside of rare circumstances like yours, going into the back of someone will mean you are at fault and your insurance company will pay it
    • dacouch
    • By dacouch 9th Oct 16, 10:05 PM
    • 19,734 Posts
    • 12,106 Thanks
    dacouch
    They are trying to scare your son into settling. Same happened to my sister, she sent info to her insurer, ended up as a 50-50 and the transit she hit because his rear brakelights failed got £0 (her car was written off, his van had superficial damage, yet he was the one claiming for whiplash and time off work).
    Originally posted by GothicStirling
    50/50 means the van driver received 50% of his injury claim...
    • jofish2669
    • By jofish2669 12th Oct 16, 7:28 PM
    • 17 Posts
    • 108 Thanks
    jofish2669
    Thank you all for your advice.It really helped!
    My son emailed me all his details and an email that I could forward to his insurance saying I could speak to them on his behalf. So I sent them all the stuff I received and that should be it! *fingers crossed*
    Janus Illusion# 43 : NSD 2/20, Food 101/220 , Petrol 26/100 , Misc /70 , Foodbank /£3 , Packed Lunch 2/16
    Sealed Pot Challenge #2150
    Super Saver challenge 0/£3000
    • Marktheshark
    • By Marktheshark 12th Oct 16, 8:01 PM
    • 5,317 Posts
    • 6,669 Thanks
    Marktheshark
    This is the correct plan:

    Inform his insurance company of two things :
    One that he has a CCJ claim which must have a deference entered by XXX date.

    Second : That if he does receive a comprehensive plan and timeline of how they will deal with this he will enter a defence of "Indemnity" .

    If he just leaves it with the insurance as it is in his name, he is quite likely to receive an automatic CCJ .

    If they get a CCJ they will be chasing him for the money not his insurance.

    By entering a defence of indemnity the CCJ will be co-joined with his insurance company who will have to send a Solicitor to court to answer the indemnity claim.
    If the judge finds the indemnity is valid the CCJ will be awarded directly against the insurance company and not your son.

    Fingers crossed does not work and one couple who followed the advice of send it to your insurance and ignore it lost their home and it took several members many hours on here and legal beagles to get it overturned in the high court.
    Brexit will become whatever they invent it to be.
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