Incident back to haunt...

Orlando_Virgin

Hi All,

I have a friend who last night called me in a great deal of distress around a letter he received last night concerning a claim he received around an incident in 2010.

I want to state right away that I told him to seek legal advice immediately, but said this site is very helpful and it isn't a bad idea to do some research.

The document he received is very long but to summarise he has received a letter from county court, on behalf of a claimant "expecting to receive more than £1000 in respect of pain, suffering and loss of amenity" it also says limited to £10,000.

There was no damage at all to my friend's car at the time and very little to the other party's, so obviously there is some exaggeration involved here.

It lists the defendants as my friend and the Motor Insurers Bureau.

It must be stated at the time of the incident my friend was driving uninsured and was fined and had points on his license for that offence.

Attached to it there is a long and detailed medical report with a great many things stating she has had weeks off work, and several other problems that "may" in the doctor's opinion of been caused by this crash. Other than the obvious line of seeking legal advice are there any other avenues he could explore to make sure he is best prepared for the likely outcome?

Much appreciated,

OV

forgotmyname

Tell them take a pair of pyjama's and a toothbrush? Act serious when you say this. Although it wont happen. It may get them to seek proper legal advice.

Seriously though they need proper legal advice. If they ignore it it may come back to bite them years in the future.

thenudeone

Your friend is legally liable to compensate anyone who they injure or whose property they damage through their carelessness or negligence.

This principle applies in all areas of life, not just motoring. it's just that the damage and injuries which can occur in a motoring accident can be quite substantial, and motoring accidents happen quite frequently, which is why the law insists on insurance to cover those liabilities but it doesn't insist on insurance in most other areas such as injuries caused by a dangerous building you might own.

If your friend is completely completely penniless with no assets, there's not much to worry about because there's nothing to lose, although that won't stop the problems caused by having a CCJ and possibly bailiffs turning up

Otherwise, they should get proper legal advice to defend all aspects of the claim. For example - were they actually to blame for the accident? The fact they were uninsured is irrelevant to whether they were to blame for the accident.

vaio

Assuming the accident was your friends fault then there isn't much he can do.

The injured party is suing to him & the MIB for whiplash, it's unlikely any worthwhile defence is possible although it might be worth ringing the MIB to see if they are letting it go to court because they think there is a defence available (rather than paying before it gets to court which is what I'd have expected).

If it does go through then the MIB will pay the damages to the injured party and then try to recover the costs from your friend

Orlando_Virgin

vaio wrote: »

Assuming the accident was your friends fault then there isn't much he can do.

The injured party is suing to him & the MIB for whiplash, it's unlikely any worthwhile defence is possible although it might be worth ringing the MIB to see if they are letting it go to court because they think there is a defence available (rather than paying before it gets to court which is what I'd have expected).

If it does go through then the MIB will pay the damages to the injured party and then try to recover the costs from your friend

Ah right I see, I wondered what the MIB had to do with it. I was wondering why their solicitor didn't just contact him directly. Also wondering, how have a court got involved without my friend having any prior knowledge that she was claiming?

Tiddlywinks

I have no sympathy for anyone driving without insurance... I seriously hope the other party takes your friend to the cleaners.

Orlando_Virgin

Tiddlywinks wrote: »

I have no sympathy for anyone driving without insurance... I seriously hope the other party takes your friend to the cleaners.

Hey everyone is entitled to their opinion and I can understand your point of view. However, what's done is done and I'm not going to abandon my mate in his time of need. He says that his policy was cancelled without his knowledge rather than him just risking it.

chanz4

Dont believe him when said never got letters, I had an issue like this years back where they said I wasnt insured but in the end proved I was and my insurance pad out. They do send a lot of letters out, even a personal visit.

vaio

Orlando_Virgin wrote: »

Ah right I see, I wondered what the MIB had to do with it. I was wondering why their solicitor didn't just contact him directly. Also wondering, how have a court got involved without my friend having any prior knowledge that she was claiming?

I think strictly speaking that the MIB liability only actually arises once judgement is obtained against the uninsured driver but I'd have thought in practice that negotiation would avoid court & the extra costs in most cases.

Maybe the MIB are dragging their feet and the court papers are a gee up to concentrate their minds or maybe, as I mentioned above, the MIB think there might be some question about liability so the case is worth defending.

rs65

vaio wrote: »

Maybe the MIB are dragging their feet and the court papers are a gee up to concentrate their minds or maybe, as I mentioned above, the MIB think there might be some question about liability so the case is worth defending.

Could be approaching the 3 year limit.

vaio

Good thought, with a 2010 accident that could well be the reason