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My son is being sued after a car accident

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My son is being sued after a car accident

edited 30 November -1 at 1:00AM in Insurance & Life Assurance
24 replies 2.6K views
enchated1enchated1 Forumite
36 posts
edited 30 November -1 at 1:00AM in Insurance & Life Assurance
My son had a minor car accident. He drove into the back of a car. That car shunted a second car. My son asked to not go through the insurance and he would pay for the damage. He gave the driver of car 1 the money that he asked for. Later the driver of car 2 made an insurance claim for whiplash.

They claimed £4500 in total. After some protracted negotiations the insurance company paid out £1800.

My son received letter stating that he's being sued for £750.

We don't really understand. Help what can he do?
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Replies

  • terrylampsterrylamps Forumite
    183 posts
    Received the letter for £750 from who?
  • enchated1enchated1 Forumite
    36 posts
    The court. It's a writ (I think) stating the number 2 car driver as the claimant and my son as the defendant.
  • QuentinQuentin Forumite
    40.4K posts
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    It sounds a claim form (does it give him 14 days to reply?)

    Whatever it is he should not reply to it but send it immediately to his insurers (who dealt with the original claim) to deal with.
  • terrylampsterrylamps Forumite
    183 posts
    He needs to pass it onto his insurance and they will deal with it. If car number 2 has already been paid £1800 from your sons insurance i'm not sure what he could be claiming the £750 for as the £1800 payment will usually be 'full and final settlement'.

    Either way pass it onto to his insurance and they will take care of it.
  • forgotmynameforgotmyname Forumite
    30.5K posts
    Ninth Anniversary 10,000 Posts Name Dropper
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    Pass it onto his insurers. But keep pestering them and if nothing has been done by the court date make sure he goes just in case.
    Censorship Reigns Supreme in Troll City...

  • enchated1enchated1 Forumite
    36 posts
    I don't have the letter now but there was a form with it for him to fill in. It asked whether he intended to contest.

    I did tell my son to call the insurance company today. I hope he's done it.
  • enchated1enchated1 Forumite
    36 posts
    The letter didn't have a date for court which I though was odd. But it was stamped by the court.
  • edited 22 May 2013 at 8:15PM
    zzzLazyDaisyzzzLazyDaisy Forumite
    12.5K posts
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    edited 22 May 2013 at 8:15PM
    Sorry if I am being dense, but I don't understand which car is number 1 and which is number 2?

    Either way - the car your son hit (car number 1?) is entitled to make a claim off your son (or his insurance). But car number 2 claims off car number 1's insurance. This is because although your son was responsible for the shunt, car number 1 is responsible for hitting car number 2, because it failed to leave sufficient space between itself and the car in front.

    Could you clarify the sequence please?

    EDIT - the insurance will probably only deal with it if he has legal cover. It is very important that he does not miss the 14 day deadline as judgement could be entered against him in default. So he should at least put in a 'holding' defence.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • enchated1enchated1 Forumite
    36 posts
    The packet had correspondence from my son's insurance company. It did have a letter stating that the £1800 was in full and final settlement.
  • enchated1enchated1 Forumite
    36 posts
    Yes the sequence is that car's number 1 and 2 were in a line waiting at a junction. My son skidded (on ice) into the back of car 1. Car 1 shunted forward into car 2. This claimant is from car 2. Her car wasn't damaged. She's claiming for whiplash.
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