Motor Insurers' Bureau

Stigy

Hi all,

Long story short, back in mid-2003 I was involved in a road accident with a moped. Although the accident wasn't my fault, as it turned out the vehicle I was driving at the time was uninsured, therefore that was irrelevent I guess. Anyway I was prosecuted in 2004 and assumed it was over with. We all make mistakes and I hold my hands up to this one!

Anyway, I today received a Claim Form from the County Court that stated that due to the MIB paying out to the other driver, they were claiming the money back from me. I appreciate this to an extent, but the accident occured about 8-years ago. I'll be honest I've received the odd letter here and there (probably about 5 or 6) since about 2006 to present (about one a year for 5-years).

I assume this has well and truely come back to bite me now? Can anybody shed any light on this? Is 8-years not too long to lay a claim with the County Court? Thanks in advance guys! For the record, I haven't received any points on my licence since 2004....:A

Stigy

Anybody?:A

Incyder

There was a long post here a month or two ago about this subject, seems there is a firm of lawyers who are trying to scare people into paying up on old claims. Have a look for the old thread. Don't panic.

heres 1 thread, im sure there is another old one too.

https://forums.moneysavingexpert.com/discussion/3137096

Stigy

Incyder wrote: »

There was a long post here a month or two ago about this subject, seems there is a firm of lawyers who are trying to scare people into paying up on old claims. Have a look for the old thread. Don't panic.

heres 1 thread, im sure there is another old one too.

https://forums.moneysavingexpert.com/discussion/3137096

Thanks for the response. The link you provided is pretty much identical to my case. I'm a little worried that what I have received is a Claim Form which does look like rather official Court paperwork. It's not a summonse, just a claim form, although it still resembles court papers, which is worrying. Thanks again.

fivetide

Hang on, you admit you did it, you ignored all the letters sent and now you are worried you have to pay?

You realise who has paid? The rest of us! It is one of the reasons that premiums are rocketing.

Talk about a brass neck!

5t.

Stigy

fivetide wrote: »

Hang on, you admit you did it, you ignored all the letters sent and now you are worried you have to pay?

You realise who has paid? The rest of us! It is one of the reasons that premiums are rocketing.

Talk about a brass neck!

5t.

I see your point, but it was a long time ago and I was young at the time. I challenge anybody to come on here and say they've never done something they regret before. For the record, that was the one and only motoring conviction I've ever received, and I have paid the price of having 8-points on my licence and a hefty fine (it was before the fixed penalties were an option). I also failed vetting for my current job as when I applied the conviction was 4-years and 11-months old, and not 5-years. I had to appeal to the powers that be on more than one occasion. So trust me, I've paid!

If that's the way you're looking at it, I guess I've paid for it several times over in insurance premiums over the years.

By the way, I admit that I drove without insurance, but I certainly wasn't responsible for the accident. I appreciate that by having no insurance though, that I am automatically at fault, so I'll leave it at that.

fivetide

I'll add a thanks for that.

Still can't condone actually dodging the letters for all these years. I could understand the original post if it was out of the blue but forwarned is forarmed and given the other issues you've had, I'd have thought you'd have wanted to go by the book to make sure it didn't bite you again.

5t.

sequence

Stigy wrote: »

By the way, I admit that I drove without insurance, but I certainly wasn't responsible for the accident. I appreciate that by having no insurance though, that I am automatically at fault, so I'll leave it at that.

Not having insurance doesn't make you at fault for the accident, if that's what you meant. So far as I'm aware anyway, I'm not an expert!

vaio

Yep, not having insurance doesn’t make you responsible for the accident.

As for the rest, there will be a statutory limit on how long after the event you can be chased for the money.

This is generally 6 years but the clock gets reset if you acknowledge the debt so if the sum involved is significant get proper legal advice before you do anything.

DIYPhil

I take it that your conviction was for driving without insurance and not for careless driving. As the above posts say, a conviction for no insurance does not make you liable for a personal injury claim.

If the accident was not your fault, then you firstly need to establish why the MIB agreed a settlement, or why a Court awarded compensation, to the moped rider? Following the moped rider's claim being submitted to the MIB, they or Agents on their behalf, would have contacted you in order to take full instructions from you about the accident. If they agreed with you that you were not in any way negligent, then they would have defended the claim. They should also have kept you advised throughout. Any proceedings issued by the moped rider would have had to have been served on you as you would have been the First Defendant and the MIB would have been the Second Defendant in the proceedings.

I suggest you contact the MIB to discuss the above. It sounds as if the letters you were sent, and ignored, may have been from the MIB asking for your instructions. As you didn't reply, they took a view and settled the case.

Just because you have now received a Claim Form doesn't automatically mean that you are liable for the sum. There should be a Response Pack enclosed which would include a space for you to write your Defence. If you defend, the matter will proceed to an Arbitration.

Finally, regarding the limitation issue, the time limit is 3 years for a personal injury claim and 6 years for a contractual claim. I suspect there is something in the MIB Uninsured Drivers Agreement that enables them to take action at this time. You would need to check this Agreement, or ask the MIB.

vaio

DIYPhil wrote: »

......Finally, regarding the limitation issue, the time limit is 3 years for a personal injury claim and 6 years for a contractual claim. I suspect there is something in the MIB Uninsured Drivers Agreement that enables them to take action at this time. You would need to check this Agreement, or ask the MIB.

I was thinking that too but on reflection the 3 year PI limit runs from the accident to when the moped driver issued proceedings against the OP & MIB.

Once judgement was obtained and the MIB paid out then judgement amount is recoverable by the MIB from the OP and I’d say the limitation on this is six years starting when the MIB paid out.

The accident happened 2003, the PI claim could have take 3 or 4 years to conclude that brings us to 2007, add on the 6 years the MIB have and it could well be it’s still within the limit.

OP, as above, if the sum involved is significant seek proper legal advice before doing anything.