Car Insurance - County Court Summons after accident

lb61982

I had a very minor accident in February this year. There was no damage to either car, but I exchanged details with the other person and we left it at that. I also informed my insurance company about it.

5 months later I received a county court summons that had been sent from a well known no win no fee solicitors.

I got back in touch with my insurance company and told them about this. As I suspected, they told me not to worry and that they would take care of it. I specifically asked if I should just ignore what I'd been sent and I was told that I should.

Today I have received a letter from the county court that says 'No acknowledgement of service having been filed it is ordered that the defendant must pay the claimant an amount which the court will decide'.

Very confused by this. Has anyone got any useful info/previous experience that could explain what is going on?

Thanks in advance.

dunstonh

You pass that letter on to the insurer and ask them to verify in writing any action (if any) you should take. Take a copy and send recorded post.

lb61982

Thank you. Yeah I'm going to get in touch with the insurance company as soon as I can. Unfortunately they're only open 9-5 so having to wait until the morning.

I'd like to know why I've received this letter which essentially makes it sound like I've completely ignored the whole thing when in reality I've been assured that my insurance company are dealing with it.

spacey2012

You may now have a CCJ, you need to call this court as soon as possible.

lb61982

Thanks.

I still don't really understand it though - I would have assumed the insurance company would have settled any claim. Isn't that what car insurance is for?

spacey2012

You need to drop the insurance thing for the moment and deal with eating what is on the plate now in front of you.
Does it say a judgement has been entered and give a Judgement number.
If not call the court explaining and request if you can enter a defence or at least attend any hearing.
Even without a defence if you can go to the hearing the judge will hear both sides.
If they will allow you a grace to enter a defence, file a counter claim against your insurance company for the value of the first claim as a joint defendant .
This will wake them up from the sleep very quickly indeed.
First call is to the court to see what stage it is at, or see if it mentions a judgement number.
I do not wish to panic you, but Bailiffs could be at your door within days if it is a ccj judgment.
It sounds like your Insurance have hung you out to dry.

lb61982

I don't think it sounds quite at the bailiffs stage to be honest.

All the letter says is the exact quote from my original post and that further directions/arrangements will be sent to all parties shortly.

Also that following judgement being entered it will be referred to a judge to give case management directions and that details of the decision will be sent to me.

No judgement number though.

lb61982

Oh and that it has now been transferred to another county court.

stevenjhepburn

Your insurance company has been complacent or the other person's solicitor has bypassed your insurance company. Either way you should not have ignored a court summons on the say so of a telephone operator on minimum wage.

You have to call the clerk of court asap and ask what options are available to you. Then call your insurance company and find out what is going on at their end. Finally you might have to call a solicitor yourself to help deal with it all. Does your insurance policy include legal help?

lb61982

In the last conversation that I had with my insurance company they said that they were already in touch with the other person's solicitor/claims company and were in the process of sorting it out.

But yeah, I agree, the evidence is pointing towards complacency on my insurance company's behalf.

vaio

do nothing other than pass it on to your insurer (and get proof that they have received it)

Certainly don't go lodging defences, suing your own insurance company or attending court off your own bat