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  • FIRST POST
    • NFS
    • By NFS 14th Jul 17, 6:08 PM
    • 2Posts
    • 0Thanks
    NFS
    Default Court Judgement after no response - Admiral Law
    • #1
    • 14th Jul 17, 6:08 PM
    Default Court Judgement after no response - Admiral Law 14th Jul 17 at 6:08 PM
    I was involved in a road traffic accident on 23rd July 2016. The driver of a van drove into the back of my vehicle in stationary traffic. The other driver was quite uncooperative at the time of the accident but I was able to make a note of his car registration and company for which he worked for.

    This was a quite simple accident and the blame clearly rests with the third party. However the third party insurers are unresponsive to any of the claim notifications or injury assessments sent to them. Hence, my insurers Admiral Law have decided to issue court proceeding on the defendant (the company of the other driver worked for and not the insurance company). Again there has been no response to the court proceedings after 14 days, so a judgement in default is the next step. This can take 6-9 months I have been told and the court will decide who is at fault and what the compensation amount for injury should be.

    My question is the proceedings are against the company the driver worked for and not the insurer, so once the court decides a figure the company will have to pay and not the insurer correct? If so what are the chances the company will pay? Also, any county court judgement (CCJ) will be against the company and not a specific person i.e. the driver, so they could have no incentive to pay correct? Has anyone else been in a similar situation? Should the court proceeding have been issued on the insurer and not the company?
Page 1
    • Quentin
    • By Quentin 14th Jul 17, 6:13 PM
    • 32,147 Posts
    • 16,232 Thanks
    Quentin
    • #2
    • 14th Jul 17, 6:13 PM
    • #2
    • 14th Jul 17, 6:13 PM
    All court claims are made against the vehicle owner or driver. Never their insurer.


    Who told you it takes 6/9 months to get a judgement in default?


    Assuming the claimant has requested it, It will be issued immediately after the 14 days are passed (28 if the defendant has acknowledged the claim)


    The defendant should pass it to their insurer to pay!
    • NFS
    • By NFS 14th Jul 17, 6:18 PM
    • 2 Posts
    • 0 Thanks
    NFS
    • #3
    • 14th Jul 17, 6:18 PM
    • #3
    • 14th Jul 17, 6:18 PM
    Admiral Law said it will take 6-9 months as a court date will be set to decide the amount that needs to be paid for the injury claim.

    There has been no response from the defendant during the 14 days.

    What happens if the defendant does not pay or does not pass it on to their insurer to pay? When is the liability of the accident decided? Is a default judgement confirmation that the other side is to be blamed? I had my vehicle insured for 4 months but paid the 12 months premium as Admiral said they cannot refund due to the accident being in dispute and no liability being accepted. So I need the liability confirmed before I can get a refund on the 8 months premium.
    Last edited by NFS; 14-07-2017 at 6:21 PM.
    • debtdebt
    • By debtdebt 14th Jul 17, 6:25 PM
    • 204 Posts
    • 136 Thanks
    debtdebt
    • #4
    • 14th Jul 17, 6:25 PM
    • #4
    • 14th Jul 17, 6:25 PM
    All court claims are made against the vehicle owner or driver. Never their insurer.


    Who told you it takes 6/9 months to get a judgement in default?


    Assuming the claimant has requested it, It will be issued immediately after the 14 days are passed (28 if the defendant has acknowledged the claim)


    The defendant should pass it to their insurer to pay!
    Originally posted by Quentin
    If it's a claim for injury and not just for a fixed sum, even if judgment is entered in default, the matter still needs to proceed to a final disposal hearing to determine the level of general damages.
    • Quentin
    • By Quentin 14th Jul 17, 6:40 PM
    • 32,147 Posts
    • 16,232 Thanks
    Quentin
    • #5
    • 14th Jul 17, 6:40 PM
    • #5
    • 14th Jul 17, 6:40 PM
    Admiral Law said it will take 6-9 months as a court date will be set to decide the amount that needs to be paid for the injury claim.

    There has been no response from the defendant during the 14 days.

    What happens if the defendant does not pay or does not pass it on to their insurer to pay? When is the liability of the accident decided? Is a default judgement confirmation that the other side is to be blamed? I had my vehicle insured for 4 months but paid the 12 months premium as Admiral said they cannot refund due to the accident being in dispute and no liability being accepted. So I need the liability confirmed before I can get a refund on the 8 months premium.
    Originally posted by NFS


    Assuming that you (or your legal team) have applied for judgement and got it in default, then (assuming the defendant doesn't apply for and is successful getting the judgement set aside) once the figure to pay has been established then your legal team will be able to enforce the judgement, though when insurers are involved it shouldn't be necessary.


    Even in straightforward claims it can take this type of time span (and longer) to resolve even when the insurers are co-operating with each other.
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