defending car accident-help please

mrs_baggins

I had a minor car accident last fen while stationary on private land( industrial estate) I reported it same day to my broker but as there was minimal damage to my car nothing else happenned. i assumed all was dealt with as I heard no more. About 3 weeks ago I received a county court summons which not only gave the wrong car reg (mine) but said I was speeding round a bend at the time of accident which was complete lies!.

My broker said do no t reply but send it to them which i did the same day. Last week I then received a court judgement against me as it had not been responded to in the required 14 days. I phoned ins company who said this happens all the time and they would sort it . the judgement was for £2.5 k!!

I am now going to defend the case as although I cannot prove I was stationery at the time of the accident the other driver also cant claim that i was speeding round a blind bend. I have asked if the case can be held close to me (midlands) instread of London where the other persons solicitors are but have been told its up to the judge.

I have never been involved of an accident before and have no idea what to expect so if someone can help me? I am being appopinted a solicitor who is going to take another statement off me.

If I have to have a days holiday to attend (which I will have to) can I cliam this back? and what happens if I lose?

Janusian

If I were you I would leave to your insurers. I presume that you have given your version of events to them, along with the details of any Independent Witnesses. This is what you pay your insurance for and unless you have detailed knowledge of motor law, including the relevant case precedents for accidents similar to the one you were involved in then you are not going to add to the process.

Make a call to your insurers claims department and found out the course of action they intend to take.

steveeeee

IANAL but if they've put the wrong vehicle reg down, I'd assume you don't have a case to answer anyway?

mattymoo

Someone has screwed up here.

Used to deal with litigation for an insurance company years ago. The advice was always to send in the summons to the insurers straight away. The postal staff would always pull out any court papers (average 50 per day) and ensure they were at the top of the pile.

The claims handler would then have to deal with the summons the same day. They would appoint a solicitor (in London in your case) to represent you (and the insurers) and ask them to lodge a defence to the claim. This would prevent judgement being awarded against you if nothing was done.

In your case either the broker or insurer have sat on the papers and the court process has carried on and found against you in your absence. The insurers now need to appoint a solicitor and ask them to have judgement set aside (ignored) and lodge the defence / negotiate settlement of the claim out of court.

Bit of a mess and I would be very unhappy if it happened to me but it can be sorted out. Just keep on top of them to make sure it is.

mrs_baggins

Sadly there were no witnesses whatsoever! typical. Yes my insurance company is appointing me a solicitor and they said they will 'set aside' the judgement. There is not much I can do about it but I just burst into tears when I had it as it was yet another really horrible thing that has happened recently!!! I think the initial problem with the summoms was that it only gave 14 days from its date and by time i opened it 3 days had already gone. Its silly to give such a short span but hopefully my insurers will do things right.

I am still concerned however about the outcome. If the court believes all the other party's story and I am found guilty I am guessing this may have a big effect on my future car insurance? Its all a new thing to me

olly300

mrs_baggins wrote: »

I am still concerned however about the outcome. If the court believes all the other party's story and I am found guilty I am guessing this may have a big effect on my future car insurance? Its all a new thing to me

Did you:
1. Take your car to the garage to fix any repairs?
2. Take any pictures of the incident?

If so ask the insurers if they want the detailed garage receipt or pictures.

Janusian

It will have an effect on your car insurance, but probably not as bad as you think. It is after all a fault accident, and the average driver has one every seven years. Unless I am reading the above wrongly you are not being convicted of a crime (eg Careless driving) in a criminal court, rather have a civil court find against you. The two are totally different.

How many years no claims do you have? If it is not protected, most insurers operate a two year set up - eg. 4 down to 2 (60% to 40% discount). So your cost would go up, but maybe by manageable proportions.

mrs_baggins

No didnt even bothered getting my car repaired as I would have had to pay £200 excess which is probably what it would cost. its an old car and has the odd dent here and there from unknown origins so I am not bothered.

I guess your right It is only an insurance claim but i have never had an accident before and have never had to do this and on top of all the other stuff thats going on in my life at the mo I just go into panic mode. A letter came this morning stating that a solicitor is going to contact me to take a detailed statment although i gave one at the time and maybe I can even take him to where it happened to show him where I was parked. I think I may be getting into a huff about nothing. I am not sure about protected no claims but I have only just renewed for this year anyway and it hadnt gone up so maybe I have unless it affects next years amount.