being sued for personal injury claim by no-win no-fee solicitor

mrsdee

Hello all. Not sure if I am in the right place for posting here, but would appreciate views...
I am being sued by a no-win, no-fee solicitor. In short, a neighbour is claiming that my dog attacked her dog, causing her dog to slip its collar and that she fell over as a result and hurt herself. She is claiming damages based on my "negligence". The no-win, no-fee solicitor wrote a number of letters demanding that I give them my insurance details in order that they could deal directly with them, rather than with me.
As I am innocent, I have told them I am not prepared to hand over the details. I have explained what actually happened (the lady did fall over, no question, but not as a result of any negligence on my part. My dog was on the lead and both dogs barked at each other after she approached me, despite my asking her not to). The solicitors continued to write to me so I finally wrote and asked them to stop harrassing me for the insurance details as I dont feel there is any claim to answer.
They have finally (just within the allowed timeframe) issued court proceedings and say I need to produce my insurance details and should get legal representation.
I am very happy to go to Court and have told them so. My questions though are, I dont see what bearing providing my insurance details have to the point in question (i.e. them trying to prove that I am "guilty") or why this is required? I am of course insured. It would also be easy for me simply to hand over their details and not have to deal with the aggressive solicitor but I feel I need to stand up for the truth here! I also dont see why I should now have to go the expense and trouble of engaging my own legal representation, simply because someone is accusing me of something I havent done.
Any views here? I have spoken to my insurers and they say simply continue to deny liability and see what happens. If we do go to court and the other party somehow manages to prove guilt (although not sure how as there were no witnesses) then of course any damages decided upon will be paid (by my insurers), so I dont know why they are so desperate to get the details of my insurers at this stage in the proceedings?
The other issue is that - months after this particular incident - my dog actually DID bite their dog! However, neither I nor the lady were present on that occasion as both our husbands were walking the dogs off lead.
Appreciate any views or thoughts! Thank you!

geri1965_2

You need to get this sorted - have you instructed solicitors? How are you going to defend the proceedings otherwise?

When did you report it to your insurers - at the outset or now? Do you have it in writing that they will meet any judgement made against you, because you may have prejudiced their position by letting it get this far without involving them and they could in theory refuse to indemnify you. This means that if you lose the case, you will have to pay the damages and the other side's costs personally.

If you don't instruct solicitors to enter a defence, the other side will get a judgement by default - this means they have won the case regardless of any defence you might have, because you haven't told the court what your defence is!

dmg24

You are quite entitled to defend yourself, and based on the information given (assuming no other witnesses, and no other information that would put doubt on your story) this should not be difficult. Civil cases are based on a balance of probabilities, and I can't see an award being made against you in the circumstances given (again, in the absence of conflicting information).

It is likely that the neighbours sol is asking for your insurance details in the hope of being offered an out of court settlement. Also, some (though certainly not all) solicitors feel that they are too good to deal with lay people.

One point to note - if an award is made against you, many insurers will not cover the award unless their legal services were used. I would certainly clarify this before moving forward with the case.

dmg24

geri1965 wrote: »

If you don't instruct solicitors to enter a defence, the other side will get a judgement by default - this means they have won the case regardless of any defence you might have, because you haven't told the court what your defence is!

You do not need a solicitor to enter a defence! :rolleyes:

geri1965_2

Fine, let the OP get on with it and make a mess of it then.

Notsosharp

Why did the lady fall over?

If I were you I would give them your insurance details and let them deal with it, the OP was right you need to enter a defence either way with or without instructing a solicitor otherwise they will win the case by default and you will be liable for all costs incurred......

The lady will need to prove you were negligent to start of with, basically that you owed her a duty of care and that you breached this duty......this breach will then have needed to cause the harm she suffered. Are the sols saying what kind of injuries (if any) she has?

mrsdee

I informed my insurers once I received the first letter from the other party's solicitor (about two years after the incident they are claiming about). I have filed my defence form saying I deny in whole. I also informed my insurance co of my intentions, they were in agreement and I have sent them a copy of the entire correspondence between me and the other solicitor. This is a huge amount of paper as they have included copies of medical reports and cvs of the medical experts!
I think the solicitor is being very heavy handed and intimidatory, and even sent someone round in person to my home one evening in order to hand me their letter with the Claim Form and Response Papers, when they could have simply put it in the post along, as they did with all their other letters which I replied to previously!
I have now received an Allocation Questionnaire to complete. Will speak to insurance co again prior to completing and returning it and get something in writing from them (thanks for advice on that) ensuring that they will cover me.
The other party's solicitor has sent me a copy of their completed Allocation questionnaire and are proposing we go to Court in Jan 2010.
Whilst I am an intelligent and educated person and I dont feel too daunted by any of this drawn out process so far, I feel indignant that any other person who might feel more vulnerable/less informed would feel distressed and upset enough to just cave in!

geri1965_2

Well, it sounds like it's all in hand. I'm a bit confused as to what advice you were seeking really.

mrsdee

Notsosharp wrote: »

Why did the lady fall over?

If I were you I would give them your insurance details and let them deal with it, the OP was right you need to enter a defence either way with or without instructing a solicitor otherwise they will win the case by default and you will be liable for all costs incurred......

The lady will need to prove you were negligent to start of with, basically that you owed her a duty of care and that you breached this duty......this breach will then have needed to cause the harm she suffered. Are the sols saying what kind of injuries (if any) she has?

The other lady fell over because her dog and mine were barking and lunging at eachother. She is also quite elderly and frail and had been drinking (according to the person who helped her up - unfortunately he was a passing driver and I have not been able to track him down). It was also wet underfoot. She has shoulder injuries - I dont dispute that she fell at all, just that it was not due to any negligence on my part. As soon as i saw her walking on the pavement towards me, I moved away out of her path and waited for her to pass by. She didnt, but chose to alter her path to come over to talk to me. I asked her not to, as I was pretty sure my dog would bark (she's from a rescue home and we were still training her at that stage). She ignored my request and came over and sure enough, the dogs started barking and lunging at eachother. She walked back ot the pavement several feet away and that is when she fell over, as a result of her dog slipping its collar. I have explained all this in my defence. As far as I am concerned I have behaved reasonably. My dog was on the lead and there was no contact between them (they are saying my dog physically attacked hers).

Evansangel

Have no advice OP, but just wanted to say, im glad your standing your ground

Good luck with all of this!

x

mrsdee

geri1965 wrote: »

Well, it sounds like it's all in hand. I'm a bit confused as to what advice you were seeking really.

My question really is why the pressing need for the other party to keep insisting on demanding I hand over my insurance co details and to get legal representation. Why not just go to Court and each party state their side of the story and let the court decide who, if anyone, is to blame? Then sort out damages if it comes to that.