Going court need help

poor_student1234

Hi,
Im new to the forum but been reading for ages as theres a lot good threads.

Well basically this is whats happened.
In early 2009 i had a car accident whilst driving my fathers car 3rd party with an extension on my policy. Accident was the other guys fault which he admitted to at the time.

So i went to a accident management company to sort this all out. Had a courtesy car for 3 months, all going well.

A few months later i received a letter that the other guy was denying liability and he had made up a fake witness about what really happened. :mad:

As soon as my insurance company heard about this they fobbed me off telling me i wasnt insured as my dads car didn't have any basic policy on it (they were fine when they thought id win, and when i used to get pulled over by the police they used to tell the police let him go, he is DEFINITELY insured)
They even came to inspect my dads car and wrote it off as a cat c on the register, even though i didnt get paid out for the car.

Luckily i took pictures of the accident and have my own witnesses to the accident which totally contradict that the 3rd party is saying as every word of his is bull**** but now i dont have any solicitors acting on my behalf as my insurance company said i was insured and have to file a defence by myself as CAB said these types of cases were not covered by legal aid were no help and i cant afford solicitor fees being a 3rd year student.

I really dont no what to do as ive got a deadline of 10th of december to file a defence and represent myself in court as no one will help me.


3rd party solictors have told me to pay 6000 incl cost of car and injury for me not to go court, but the accident wasnt my fault and i genuinely thought i was insured.

My old insurance company was Quinn Direct if that helps.

Any assistance would be very much appreciated on how to defend myself or somehow recieve some aid
:(:(:(

Hammyman

It is really simple. If the terms of your policy require a car driven under the third party extension to have insurance in its own right (pretty much most do nowadays to stop people getting one policy to cover several cars) and your dad or someone else didn't have an insurance policy with that cars registration on it, then you were not insured and going on the fact the police pulled you, I take it it hadn't. If thats the case you are then open to prosecution for driving without insurance and also the insurance company usually sue the insured for the payout which is what I take is happening or is it the third party or their insurers suing you?

However if that isn't mentioned as a requirement then you were insured and you are home free.

You are going to have to get hold of the full terms, schedule etc of the policy you had and find a good solicitor. There is no legal aid for civil claim cases like this. If you've home insurance you may have legal cover under that. Other than that, its put your hand in your pocket. This could literally cost you £10,000's if you don't get it right.

marlot

Are there any law students at Uni who might help?

dacouch

You need to refer the claim to your own insurers not your fathers

blue_haddock

marlot wrote: »

Are there any law students at Uni who might help?

If i was about to be sued for many thousands of pounds i really wouldnt fancy putting it in the hands of someone who is not yet qualified

poor_student1234

Well i was stopped earlier in the week leading up to the accident and the police wouldn't believe i was insured so they rang Quinn Direct and they confirmed that i was insured even without any policy on the car as long as i had permission.

Its really hard defending myself without any real legal help, as firstly it was my fault the accident as the other guy pulled out on me and also i would never drive without insurance.

Regarding finding some law student- Im in 3rd year and no ones really got time for stuff like this in their final year.

poor_student1234

dacouch wrote: »

You need to refer the claim to your own insurers not your fathers

I did go to my own insurers as my dad didnt have insurance on his car at the time of me driving it

dacouch

Ah the delights of Quinn.

There is nothing in their policy to say the other car you are driving must have it's own insurance.

See page 8 of their policy under driving other cars http://www.quinn-direct.co.uk/documents/motor_policy_gb.pdf

They are well known as shisters.

Get back on to them and advise them to deal with the claim

I assume there is nothing else you are not telling us eg you were driving it to college or work and don't have commuting cover

poor_student1234

Problem is Quinn dont want to know, i tell them this but they tell me to f*** off, if i was rich i'd sue them for every penny as they know im right cuz thats wat they told me when i took out the policy.
Ive told the MIB that i was defo insured but when they go back to Quinn, they just tell them that he wasnt insured so we've got nothing to do with it.

Nope i was just dropping my brother to the gym, accident happened around 5.30pm

dacouch

Does your certificate of Insurance cover you to driver other cars not belonging to you

poor_student1234

yes it does