Unexpected motor claim

Dalglish

Hi
My friend had a minor road traffic accident in January when her car was in collision with a van whose driver was using a hand held mobile phone. The van driver has subsequently made a claim against my friend and despite submitting an accident report form clearly stating she was not liable, her insurer has decided she was to blame.
Her solicitors supplied by the insurance firm have written stating she has no defence - strange as my friend's accident report form did not hint at liability and there were no witnesses.
Today, my friend received a county court judgement form asking her to pay £3000 to settle this now with the van driver's solicitor name on the court paperwork.
Question is, does my friend have a right to appeal and is there a case to forward to the insurance ombudsman on the grounds there appears to be one word against another (aggressive van driver profiteering versus 60yr old widow)
Any advice welcomed thank you.

McKneff

She had an accident, but who was to blame.

Just because the other driver was on his mobile phone doesnt actually mean he was at fault for the accident.

On the other hand, it is confusing, are you saying that the van driver submitted the form to say that she was not liable or did your friend submit this form.

Can you explain what happened in the accident.

Dalglish

I'm told my friend left a doctors surgery driveway and crossed the road when safe into the lane furthest from the driveway when the van traveling from the left struck her near side bumper. The van failed to stop until stopping at traffic lights some 200yards away then exited the vehicle and confronted my friend claiming she was at fault.
What seems strange is that the accident report form submitted by my friend has been dismissed without any telephone discussion with her and the 'word' of the van driver being taken as more believable.
I thought situations like this were treated as 'knock for knoch' where apportioning blame is difficult?

McKneff

The magic words, 'she was pulling out' damning words, obviously she misjudged the gap so it was not safe.

Not what you were hoping to hear but...........

raskazz

Sounds pretty clear cut to me - looks like she pulled out when it wasn't safe to do so.

Crazy_Jamie

Dalglish wrote:

I'm told my friend left a doctors surgery driveway and crossed the road when safe into the lane furthest from the driveway when the van traveling from the left struck her near side bumper.

The obvious question being, how was it safe to cross the road when there was a van coming? Ultimately the van had right of way over your friend, and unless there is some significant detail that you're leaving out, it certainly does look overwhelmingly likely that your friend would be found liable. What your friend 'thinks' about who is liable is largely irrelevant; the claims handler for the insurer will assess the situation objectively, and unsurprisingly in this case it seems that they have decided that your friend's position on liability is weak.

Procedurally, I'm not clear on exactly what document your friend as received, but it should simply be passed on to the insurance company who will deal with it. A county court judgment wouldn't ask someone to pay something to settle the case; it would tell someone to pay something. If it is a judgment, the insurer will pay it. If it is not and it is a claim form or particulars of claim or similar, it is still best dealt with by the insurer.

There is an appeals process within civil litigation, but there is no automatic right to appeal and it is highly unlikely that any right of appeal would exist in a case as simple as this. Even if it did, such an appeal would have to be funded by the insurer and it would therefore be a non starter without their consent.

lisyloo

I thought situations like this were treated as 'knock for knoch' where apportioning blame is difficult?

From your description it sounds like your friends was on a minor road pulling on the major road and the van was simply going on the major road.
This means the van has right of way.

It is not the an drivers word that has trumped your friends word, but the fact that both descriptions indicate that the van had right of way and your friend was mean to give way.
So it's the facts about the situation that decide in this case.

Norman_Castle

her insurer has decided she was to blame

Why haven't they settled the claim?. Why has the third party used the County Court?.

(aggressive van driver profiteering versus 60yr old widow)

Is this a headline from the Sun?
Van driver annoyed that he has to waste time with this verses woman who doesn't understand this was her mistake and thinks being 60 and a widow is relevant.

Crazy_Jamie

Norman_Castle wrote: »

Why haven't they settled the claim?. Why has the third party used the County Court?

There are a few potential reasons. The most likely is that quantum is in dispute, so whilst liability may not be an issue there are arguments to be had on the amount of the claim.

Dalglish

Dear all
Thanks for your valued input. I'll pass on your comments to my friend. The only curious point that appeared unusual to me was the lack of dialogue from my friends insurer who failed to inform her of the judgement, leaving it to a firm of solicitors to do this but maybe this is normal practice.
Many thanks again

ALIBOBSY

Could the court action be for his excess? I know it sounds high but if he is trying to push costs down and its a buisness use van insurance it could be that high.

Ali x