Car crash in march 2011, Claim form through the post today!

doylethefirst

Hello,

I'll start off with a bit of a history. In March 2011, I was driving up to a junction slowly, and thought that the car in front of me had gone while looking to the side (for other cars) and crashed into it. Damage to the car in front was extremely minor; no more than a few scratches to the bumper.

Anyways, we exchanged insurance details, and she made a claim for the damages to the car, which is fair enough.

Fast forward to today. I receive a claim form through the post detailing that I am being sued for over a thousand pounds for pain, suffering and loss of amenities.

Reading through the report the history states an unknown speed and moderate damage to the car which did not lead to an airbag deployment. The claimant got out of the car unaided.

The usual stuff, severe chest and neck pain which resolved itself. The only treatment was that the claimant attended a minor injury unit which advised rest.

Anyways, there is an attached medical report (conducted a few months ago in a private clinic) that states the claimant is totally fine.

Well, my initial thoughts are why was it left until a year and a half after the accident until the claimant underwent a medical examination and looked into seeking compensation?
I somewhat doubt the claims that are made against me as I was travelling at about 5 miles an hour and the damage to the cars was ridiculously minor.

I would massively appreciate any advice as I am a student and this has hit me at the worst possible time. Unfortunately, CAB is closed and I would just like to know some info!

Thanks in advance!

malkyh

Sounds like a case of she has been contacted by the ambulance chasers saying she could be owed '000's and she has went for it.

I don't know what to advise TBH, hopefully someone else with the knowledge of this can help.

skivenov

She's got your insurer's details, it's their problem not yours.

I suppose if I were being diligent, I'd forward it to my insurer of the time, recorded, keep a copy. Send her ambulance chasers a letter back advising them to address all correspondence to them, and that any further communication with myself will be regarded as unlawful harrassment.

In reality, I'd probably just file it and let them waste their time.

sarahg1969

When you say "Claims Form" do you mean a County Court claim form? Or a Claim Notification Form from solicitors?

Either way, send it straight to your insurers and they'll deal with it.

BertTheRaccoon

The single most important thing to do here is contact your insurers to explain you have received a county court claim form.

They will usually tell you to send a copy to them. Make sure you send it to the specific address they state and clearly state your policy number on the covering letter and mark it urgent. Worth sending recorded delivery too.

Insurers are hopeless at dealing with things in a timely fashion and that is probably half the reason the other party has issued proceedings.

Ultimately, whilst the proceedings are issued against you as the negligent party, your insurers have to pay any judgment or negotiated settlement, so this won't cost you anything.

You already have a fault claim against you for this incident, so it should not make any further difference in the long run.

It is up to your insurers as to whether they see merits in trying to run a "low velocity impact" defence for this claim, or if it just makes sense to deal with the claim for the sake of economics.

As a claimant lawyer myself, LVI defences rarely succeed unless your client appears to be an out and out scumbag and a judge feels they are just on the take.

doylethefirst

Lee_Jones wrote: »

The single most important thing to do here is contact your insurers to explain you have received a county court claim form.

They will usually tell you to send a copy to them. Make sure you send it to the specific address they state and clearly state your policy number on the covering letter and mark it urgent. Worth sending recorded delivery too.

Insurers are hopeless at dealing with things in a timely fashion and that is probably half the reason the other party has issued proceedings.

Ultimately, whilst the proceedings are issued against you as the negligent party, your insurers have to pay any judgment or negotiated settlement, so this won't cost you anything.

You already have a fault claim against you for this incident, so it should not make any further difference in the long run.

It is up to your insurers as to whether they see merits in trying to run a "low velocity impact" defence for this claim, or if it just makes sense to deal with the claim for the sake of economics.

As a claimant lawyer myself, LVI defences rarely succeed unless your client appears to be an out and out scumbag and a judge feels they are just on the take.

Ah, yes it was a county court claim. When I received it I must admit I died a little inside.

Thanks for the info guys, I'll get onto my insurers now to see what they say

Quentin

Your need to pass this to the insurer who covered you at the date of the incident!

BertTheRaccoon

Quentin wrote: »

Your need to pass this to the insurer who covered you at the date of the incident!

Good point!