PLEASE HELP WITH ADVICE - taken to court

LandyAndy

Thanks for the update. Good luck in September.

anewman

Only just got to read this thread. Am reminded of this video http://www.youtube.com/watch?v=a3xFCzWusmI

mark5 wrote: »

There was a program on TV a few weeks ago showing how ppl give witness statements believing them to be genuine while totally wrong.

There is a branch of Psychology dealing with such effects, known as eyewitness testimony. Elizabeth Loftus http://en.wikipedia.org/wiki/Elizabeth_Loftus is one of the leading researchers on false eyewitness testimony.

Quentin

BigTrouble wrote: »

In my case, the case was brought in by the police, not by the boy's family. Would I still be covered for legal expenses if it was included in the liability to third parties?

Most criminal cases are brought by the police (cps).

Presumably there is a third party insurance claim against you over the incident, so your insurer will be involved, and if so you should have informed them about the criminal proceedings.

BigTrouble_2

Quentin wrote: »

Most criminal cases are brought by the police (cps).

Presumably there is a third party insurance claim against you over the incident, so your insurer will be involved, and if so you should have informed them about the criminal proceedings.

Hi, they know - I told them. But they said that the third party hasn't lodged in any claim yet. So currently it is just CPS against me.

vaio

Just had a look at my van policy and the base policy includes defence costs related to prosecutions as long as they think there is a reasonable chance you will get off.

I presume they do this as a conviction makes a TP claim almost certain and much much more difficult to defend against.

Quentin

BigTrouble wrote: »

Hi, they know - I told them. But they said that the third party hasn't lodged in any claim yet. So currently it is just CPS against me.

Tell them it's going to court, and make it a claim on that section of your policy (third party liability - legal costs).

BigTrouble_2

Quentin wrote: »

Tell them it's going to court, and make it a claim on that section of your policy (third party liability - legal costs).

Do you mean that I have to tell them it is going to court? So it will count as my claim still, if they put it as a third party liability? What if the third party never claims anything?

They already said that they cannot give me any legal representation anyway.

BigTrouble_2

vaio wrote: »

I presume they do this as a conviction makes a TP claim almost certain and much much more difficult to defend against.

Am I right to think that it is not going to be my problem? I.e. I won't be liable for any payment to the third party should they wish to claim? And won't have to get involved at all?

I won't be with this insurer at the time of the trial.

Quentin

It is the date of the incident that is relevant to which insurer is covering you.

Quentin

BigTrouble wrote: »

Do you mean that I have to tell them it is going to court? So it will count as my claim still, if they put it as a third party liability? What if the third party never claims anything?

They already said that they cannot give me any legal representation anyway.

If you want to have your defence costs paid by your insurer then ask them why they have refused you legal representation - the incident could well lead to the third party claiming you are legally liable for their injuries.

If they do agree to pay your costs, then it will be a claim irrespective of the outcome. If you win and the third party doesn't make any claim you can restore your NCB by reimbursing your insurer their costs.