RE Car Ins ~ Why would someone....

shellsuit

Sagaris wrote: »

Did you tell the insurance company about these forms? The ones my mum got were 'stamped' too, but you couldn't make out what it was supposed to be - and did threaten that is a satisfactory resolution was not reached they might possibly, perhaps, be taking her to court. Scumbags.

How can they be taking him to court though? Is there any reference number on the forms so we can find out what they are?

He only got through to an advisor who couldn't help much, that's why he's got to ring the claims dep back on Monday morning.

The ref numbers on the forms are, N1 claim form and N9 response pack. (no notes with the N9 tho which there are supposed to be :rolleyes: so I just had to google the notes).

Sagaris

I am in no way legally qualified, but I thought that you had to be notified if someone wants to take you to court, not just send out claim forms? I'm probably wrong btw!

Seems strange to me. Horrible timing for you with the weekend being here, but try not to think of it for the next couple of days and ring the insurance company on Monday.

robpw2

i would say that it can sometimes take time to get diagnosis it took them a year after my fall for them to do an mri scan ..
so we dont know the circumstances as to why they have claimed now

shellsuit

Sagaris wrote: »

I am in no way legally qualified, but I thought that you had to be notified if someone wants to take you to court, not just send out claim forms? I'm probably wrong btw!

Seems strange to me. Horrible timing for you with the weekend being here, but try not to think of it for the next couple of days and ring the insurance company on Monday.

Haven't got a clue myself! There is no covering letter or like I said before, any notes with the forms, so it's all a load of nonsense to me lol

Thanks for your help and advice though, you've put my mind at ease (for now! lol) x

shellsuit

robpw2 wrote: »

i would say that it can sometimes take time to get diagnosis it took them a year after my fall for them to do an mri scan ..
so we dont know the circumstances as to why they have claimed now

How would the little git know it was caused by what happened with OH, or it happened from the crash he had 3 weeks prior to the crash with OH? Actually, he could be claiming from both of them!

Makes you wonder doesn't it? Obviously as it's coming upto 3 years from the incident, he's trying his luck.

mattymoo

You've received the court papers - these need to be forwarded to the insurers who covered your OH at the time of the original incident. By all means, include a covering letter pointing out the discrepancies and lies.

It is possible that he is claiming for injuries from the first accident but his solicitors have sued you by mistake. It is only a remote chance but one that your old insurers will probably look into.

Once you pass the details to the insurers things will go quiet. Blame for the accident does not seem to be in dispute (since he had an ealier payout) so it will just be down to negotiation between his solicitors and your old insurers as to how much he gets. It is quite likely that you will hear nothing further about the matter.

You should however ask for confirmation that a solicitor has been appointed to lodge a holding defence with the court. This will allow the negotiations to continue but stop the other side obtaining judgement (a CCJ - county court judgement) against you in default. This would make future credit transactions a problem.

You can also ask them to let you know the final settlement figure - you are entitled to this information although it may take a year or so for matters to resolve.

student_84

Hi shellsuit sorry to hear about what's going on with your OH. The court forms give you (ie ins co) 28 days to file a defence, if they don't file an acknowledgement then this period is reduced to 14 days. If no defence is filed then an application for judgement can be made by the other party.

The OH ins should deal with the whole thing, if the other party has made misrepresentations, which I assume they have based on what you have said and your OH should have proof of this from when the accident was first dealt with, then it should* get thrown out.

Hope this helps.

shellsuit

Thanks Matty, will pass that info onto OH!

Student, thank you too, the forms we have got just don't seem to make sense, or should I say explain what we are meant to do with them.



Can I ask, does anyone carry around with them, their insurance documents or do you leave them at home? Only asking because OH said that when the crash happened, 2 minutes later, the lads Dad happened to drive past (the lad hadn't phoned him) and happened to have the insurance docs in the car. I don't know anyone who keeps their docs in the car.

The whole thing seems so strange to me...

Sagaris

I only carry my documents round when I have to produce them for work to prove I am 'legal' - I've always been told not to carry them round and certainly not to keep them in the car in case they get stolen.

Does seem very strange that his dad should be driving past.......and with all the correct documentation too.......this wasn't one of those accidents where the car in front (usually an old shitter) cuts on front suddenly and jams the brakes on - forcing your car to hit theirs?

Atermis

shellsuit wrote: »

How would the little git know it was caused by what happened with OH, or it happened from the crash he had 3 weeks prior to the crash with OH? Actually, he could be claiming from both of them!

Makes you wonder doesn't it? Obviously as it's coming upto 3 years from the incident, he's trying his luck.

I work in PI, firstly you need to send the court docs, recorded delivery asap to your insurer.

If there is 2 collisions, a Consultant Orthapedic Consultant can 'split' the injuries between the two incidents.