Being sued for 3 year old car accident

bonit247

Hi all

Three years ago (18th February 2008) I had a car accident. I was driving down a hill, the car in front slammed on his brakes or some reason, so did I and unfortunately I rear ended him. Now I thought he had not claimed because I never heard anymore about it. The only way I knew he had claimed is when I came to renew my policy and was told by my insurance that I would get no NCD for that year because they had paid out money for this accident. I was annoyed that they had not told me but accepted it and moved on.

Three years later I have just received a letter from the mans solicitors saying they are taking me to court for between £5000 and £15000 for a personal injury claim. Apparently he has ongoing health problems lasting for the last three years, but his doctor has said that he believes the injuries could only have lasted 12 months (back and neck pain). Additionally he says he has had to give up work since, but if the doctor says the injuries would only last 12 months max, then is it fair to say it is my fault he has given up work (he is also now 68 years old). There are also some inconsistencies in his account of the accident.

My questions are:

1) Is the requested amount fair considering the 12 months he may have had whiplash?
2) Who would have to pay? me or my insurance co (no longer with them)
3) Can they garnish my earnings if they win?
4) If I get an IVA will my earnings be able to get garnished?
5) What should I do???

Thanks in advance

molerat

Pass everything on to your insurers at the time and leave it to them to deal with.

geri1965_2

Your insurers will deal with it, because they were on cover at the time.

The reason they have issued proceedings is because there is a dispute over figures (quantum) and proceedings have to be commenced within 3 years of the accident date or the claim is barred for being out of time.

It will not affect your earnings as your insurers will pay the claim.

atrixblue.-MFR-.

pass it onto your insurers at the time, if this is the first youve heared of it and your ex insurers, then why did this guy leave it so long?

if your going to make a claim you do it off the bat and ask the solicitor to hold off for reports time scales of recovery etc not wait till all info is prevellant and then smack in a claim a week or two before time expires.

bonit247

Hi Guys

Thanks for your replies. I am a little worried that if I do not reply I could get in worse trouble. Should I just send all the documents I have received to my insurers and write a covering letter explaining the circumstances or should I reply and tell them to contact my insurers? I really cannot afford this and it looks like if they get an attachment of earnings order against me I will lose 12% of my salary each month.

I do have debts and have been considering an IVA, if worst comes to worst could I add this to that?

Thanks

geri1965_2

Send it on to your insurers unanswered. Might be best to send by special delivery so you know they have it. Even better, ring them first - they might already have copies. They will instruct their solicitors to deal with it and apart from maybe having to sign some papers, that will hopefully be the last you hear of it.

It's not your debt so won't need to be added to your IVA. They have to issue the proceedings against you, but your insurers will indemnify you.

bonit247

Hey Geri1965

Thanks a lot. Sorry to be annoying, but just one more question.

Will my NCD, which I have gained since the accident, be affected?

geri1965_2

No, this will have been taken into account when you lost it previously, as it's the same claim.

bonit247

Thanks a lot. I will do as you said.

atrixblue.-MFR-.

would just like to add that, from experience in working with canvessors in the past, if he only now put in a claim, a solicitor can only hope that a response is swift enought to catch the cut off, drag your heels. you have 14 days to reply, your ex insurers would have a copy if you provided the old fella with details at time of the accident, details your insurers hold on your claim from then would be in storage, so most likley will drag their time also in responding so this guy got a slim chance of ever getting a response in the time frame and your insurers would be aware of it and most likely respond with a letter similar to F,OFF too late.

Valli

can I just suggest you make, and keep, copies of all letters and documents you send including the covering letter you send ton you solicitor.