Minor bump, open claim, court summons?!

Quentin

MissMidnight wrote: »

That's what we thought, but they assured us their litigation team are dealing with it. The police officer who interviewed them both said she would have had one too, but if it says that the other party was injured, then would they actually summon her?

I'm not saying it can't cause injury, but he offered to contact the ambulance and the police at the time and she point blank refused, so how can she possibly answer to that? Also, my partner suffered no effects, neither did his passenger.

I suppose it would help to speak to someone who knows the actual procedures relating to incidents where no liability is admitted. All the insurance company said is that the summons was probably initiated because they have had several conflicting amounts for the damage to her car, and upon trying to clarify it, have had no response, so it has been left to the court to sort it out.

This is just confusing. Their "litigation team" are not there to deal with driving offences like this!

If convicted, then it will assist the third party's case for saying your husband is liable, but won't have any bearing on the different claims, and the (magistrates) court won't "sort out" the level of damages.

Please answer the question regarding which court has sent him the summons.

(Not requiring an ambulance at the time of the incident is irrelevant to the third party subsequently getting symptoms!)

MissMidnight

Magistrates court. but why would the police say she would have been sent one?

Quentin

OK. Then this summons can't be left to your insurer to deal with! (Whatever the police said about the other side being charged is irrelevant to your husband getting charged!)

(As previously posted above, your husband must have known this summons was in the offing.)

The summons is nothing to do with the damages claim, which the insurers will sort out.

Strider590

Im betting these people "know people, who know people", if you get my meaning? This does all sound like overkill.

MissMidnight

Quentin wrote: »

OK. Then this summons can't be left to your insurer to deal with! (Whatever the police said about the other side being charged is irrelevant to your husband getting charged!)

(As previously posted above, your husband must have known this summons was in the offing.)

The summons is nothing to do with the damages claim, which the insurers will sort out.

Have just spoke to insurance, and no they are definately dealing with it, but have had little contact etc from the other party, so they dont really know what is going on either.
I can assure you, he did not know that it was a possibility, the police told him that it was highly unlikely any further action would be taken due to the triviality of the incident.

MissMidnight

Strider590 wrote: »

Im betting these people "know people, who know people", if you get my meaning? This does all sound like overkill.

It certainly smells a bit off! It seems to me that it is the other parties insurance that have pushed for the court option (just spoke to insurance), not the police, which would make more sense than the police doing it!

Quentin

MissMidnight wrote: »

Have just spoke to insurance, and no they are definately dealing with it, but have had little contact etc from the other party, so they dont really know what is going on either.
I can assure you, he did not know that it was a possibility, the police told him that it was highly unlikely any further action would be taken due to the triviality of the incident.

Your husband needs to speak with the insurers to clear up what their involvement is - as they may well be dealing with any litigation regarding the third party's damages claim (as they are referring to having little contact with the third party, though this is irrelevant to the summons for driving without care!!), but the insurer cannot be answering the summons. He must attend the magistrates and answer the charge.

Quentin

MissMidnight wrote: »

It certainly smells a bit off! It seems to me that it is the other parties insurance that have pushed for the court option (just spoke to insurance), not the police, which would make more sense than the police doing it!

No.

The insurance company cannot influence the magistrates to issue a summons!

neilmcl

MissMidnight wrote: »

That's what we thought, but they assured us their litigation team are dealing with it. The police officer who interviewed them both said she would have had one too, but if it says that the other party was injured, then would they actually summon her?

Hang on, this is getting a bit confusing. Your OP suggested that no police was involved. Has the police been involved and have they charged your OH with an offence or not?

MissMidnight

Quentin wrote: »

No.

The insurance company cannot influence the magistrates to issue a summons!

Pay £80 and yes they can, a friend had to do the same thing against someone who diddled her out of money.

Again, the insurance have assured me their solicitors are dealing with it, and will be ringing me shortly.

Without sounding rude, may I ask what your experience in this area is?

Believe me, I will be going to a solicitor regardless, to get some questions answered that no one else seems to want to know