Threatened Court Action for Accident

ln89

I have been wrongly accused of an accident. Apparently my car rolled forward when it was parked causing a dent - the dent is completely different shape/ height etc so physically unable to have be made by my car (and apparently it magically jumped back up the curb after it hit). However, the lady is claiming it was me.

This happened two years ago a few letters went back and forth from the insurance companies but nothing came of it.

I then received a letter a few weeks ago claiming a 'witness' came forward. The witness statement was completely incorrect and missed out a lot that did happen. Also the apparent witness was a good 200 metres away but apparently could see perfectly and could hear everything going on! I wrote back explaining all of these inaccuracies.

I have now received a letter from AI Claims Solutions giving me notice that they will issue court proceedings within the next 7 days.

I don't know what to do. I do not want to go to court and end up losing and ultimately costing me a lot of money. The letter threatens bailiffs etc. I am tempted to tell my insurance company to just settle in her favour because of the hassle. I am also concerned because of this so called 'witness'. If they went to court and gave a statement it would seem even more unlikely the judge would rule in my favour. I would also like to know if it is ok for me to tell my insurance company at this point that I do not want to take it any further.

Thank you.

vax2002

Just send the letter to your insurers at the time and get on with living.

spiro

As you advised your insurance company at the time, just forward the letter to them and let them deal with it, thats what you pay them for.

TrickyWicky

They're trying it on to squeeze some cash out of you. My advice would be to consult a solicitor and apply for a court order against this person for continued harassment and costs etc.

If the company wanted to take you to court they'd be applying - not notifying you of their intention to do it. It's a scare tactic to try and scare you into volunteering some cash to make it go away.

This will go one of three ways:
1) You'll actually be taken to court - doubtful otherwise they'd already be setting wheels in motion
2) It'll be passed from one company to another in the hope that continuing threats will scare you senseless
3) They'll give up and let it go.

IF you're taken to court, the worst that will happen is the judge will balls up, find in the other parties favour and award them their money - which you then send to the insurers to deal with (so you'd best tell them whats going on ASAP and see if they can offer you any legal protection). Your premiums may rise but you won't have to stump up a lump sum of cash yourself.

ln89

If the worst comes to the worst and I am taken to court and the judges finds in her favour and orders payment will I be liable to pay? I have legal protection so obviously this covers the legal costs but if they find against me will the insurance company pay for the fixing of the car or will I personally have to pay this?

Thank you for your responses.

vax2002

stop worrying, you were insured for any losses.
Your insurance company will soon put them right.

TrickyWicky

ln89 wrote: »

If the worst comes to the worst and I am taken to court and the judges finds in her favour and orders payment will I be liable to pay?

No, thats what the insurers are for. If you're taken to court they can't even refuse to payout - they have a legal obligation to stump up the cash. As I said, previously, if the judge does miraculously find in favour of the other party you send the paperwork to the insurers and let them deal with it.

Quentin

ln89 wrote: »

I don't know what to do. I do not want to go to court and end up losing and ultimately costing me a lot of money. The letter threatens bailiffs etc. I am tempted to tell my insurance company to just settle in her favour because of the hassle. I am also concerned because of this so called 'witness'. If they went to court and gave a statement it would seem even more unlikely the judge would rule in my favour. I would also like to know if it is ok for me to tell my insurance company at this point that I do not want to take it any further.

You cannot "tell" your insurer (at the time of the incident) how to deal with this. But as you have already been advised, all you need to do is pass the correspondence (and any other you get) on to the insurer to deal with.

Equally, you cannot "tell" your insurer you don't want to take it further - you must let them deal with this!

(Plus, of course, ideally don't you want this claim rejected?)

sarahg1969

TrickyWicky wrote: »

No, thats what the insurers are for. If you're taken to court they can't even refuse to payout - they have a legal obligation to stump up the cash. As I said, previously, if the judge does miraculously find in favour of the other party you send the paperwork to the insurers and let them deal with it.

If the OP waits until a judge makes a decision before sending the paperwork on to the insurers, it's unlikely they'll just send a cheque to the Claimant within the stipulated 28 days, and the OP would end up with a CCJ registered against them.

OP, you need to send the paperwork on to your insurer and let them deal with it.

TrickyWicky

sarahg1969 wrote: »

If the OP waits until a judge makes a decision before sending the paperwork on to the insurers, it's unlikely they'll just send a cheque to the Claimant within the stipulated 28 days, and the OP would end up with a CCJ registered against them.

OP, you need to send the paperwork on to your insurer and let them deal with it.

Where in what you quoted me saying did I say not to send anything to the insurers that they have currently? They cannot send official court documents before there has even been a hearing so why are you slating me?

Why is MSE so hostile these days..

sarahg1969

TrickyWicky wrote: »

Where in what you quoted me saying did I say not to send anything to the insurers that they have currently? They cannot send official court documents before there has even been a hearing so why are you slating me?

Why is MSE so hostile these days..

Although you did not tell the OP not to send papers to his insurers, you did not advise him that he should. You advised instructing a solicitor and then sending any post-hearing papers to the insurers.

Court documents are issued BEFORE a hearing as well as after, and the OP and and should send those to his insurers, to avoid a situation where the matter goes to a hearing and a judgment is entered, putting the OP at risk of a CCJ.

You have suggested in your earlier post that the OP consults a solicitor. This is unnecessary. All correspondence and any documentation need to be sent to the insurers so that they can deal with them and instruct solicitor to deal with any court papers, by entering a defence, etc. That is what we have insurance for.

There is no hostility. However, your advice is not good advice. If the OP follows your advice and consults a solicitor and does not inform his insurers at an early stage or throughout the court process, then he could find himself burdened with a CCJ. That would be a very unfortunate situation in which to find yourself when it is easily avoided.