Car Insurance - Accident - County Court Summons

Musicman

Not sure if this is the right place, so apologies if not.

My wife had a minor accident In late July at a roundabout where two lanes go to one, where the two cars collided with only minimal damage to her car front wing and damage to the third parties passanger door. My wife was in the inside lane.

It is difficult to say who was at fault, but I believe and her insurance compant believes it is the other party. Great leave it in thier hands, it is what you pay insurance for.

Today she received a county court summons for £300 from the third party. Having had accidents during my 30 years of driving, this shocked me, as I had never heard of this action, especially only 7 weeks after the accident.

Sent the form off to her insurance company and a letter to the court explaining the situation. Even more strange is the fact that it appears the third party solicitors are the same as my wifes!!!

Any advice?

Quentin

The third party is entitled to issue a summons, but you should leave it to your insurers to deal with (rather than reply to the court). Send your insurer a copy of the letter you have sent.

Musicman

I just cannot understand why they have issued this summons for £300 damages, as I would os assumed that the insurance companies would of dealt with it, then again, I get the impression, it is the legal aid side of her insurance that has issued the summons

LinasPilibaitisisbatman

Musicman wrote: »

I just cannot understand why they have issued this summons for £300 damages, as I would os assumed that the insurance companies would of dealt with it, then again, I get the impression, it is the legal aid side of her insurance that has issued the summons

They may only have third party insurance???

At the end of the day the incident you describe will almost certainly be found as a 50/50 claim

Quentin

It may possibly be the third party doesn't want to claim off their own insurance as the claim is so small (the excess may be £300 or more - or they only have third party insurance) and has been advised has a good case to claim directly from you/your insurers.

I wouldn't worry too much as your insurance company will sort it (assuming your letter in reply to the summons hasn't jeopardised anything!)

SandC

Same thing happened to me years ago. I went into a complete panic when I saw it (quite some considerable time after the incident when I had presumed everything had been sorted). I sent it to my insurers and that was the end of that.

Until some time later when I was getting my first mortgage and there on my credit check is a CCJ. Again, got round this by explaining (ie. if there is something on your credit check that is causing a problem they often are happy with an explanation of it). Keep hold of the contact details of the third party in this just in case you need it in the future where the CCJ is concerned. It's not fair that they issue these rather than just asking for more costs but I guess they have their reasons. Actually it won't have been noted as a judgement as such but by virtue of them issuing the summons it's down there....

Quentin

by virtue of them issuing the summons it's down there....

Unnecessary scaremongering.

Getting a summons isn't recorded anywhere at all on your credit files.

SandC

Mine was Quentin, I saw it with my own eyes when I requested a copy of my records.

I had still got the address of the chap I had 'run into' and he kindly wrote a letter confirming that this was related to a car accident and that satisfied my mortgage lender at the time.

Quentin

You said you had a ccj on your record?

I was getting my first mortgage and there on my credit check is a CCJ

My post concerned your scaremongering over merely receiving a summons.

SandC

I wasn't scaremongering, I was pointing out something that might come up in the future. You said that receiving a summons does not go on your credit record, but it did with me.

My intention was not to worry anyone, as I then pointed out how it wasn't a problem when it came down to it. I got a shock both times around, both in receiving the summons (which was then, phew, dealt with no problem by insurance) and then when I was trying to get a mortgage. If this were to happen to anyone else then they might know, by my post, that it is easily sorted out.

SandC

Quentin wrote: »

You said you had a ccj on your record?



My post concerned your scaremongering over merely receiving a summons.

"Actually it won't have been noted as a judgement as such but by virtue of them issuing the summons it's down there...."

I said that at the end of my post as I realised it was a summons not a CCJ but still on my credit record and enough to have to convince lender that I was okay for a mortgage.

Apologies, as I should have amended the whole post.