Small claims letter

SLITHER99

Following an accident, I've received a letter from a small claims court. Without going into specifics, it's a roundabout accident. I was coming from the right, i could see that the third party wasn't looking, I stopped as she entered the mini roundabout and she swiped my right hand side.

The other party insurers have denied liability all the way through and we've just received a small claims letter demanding the repair costs.

Now I understand from searching that this is just de facto and I shouldn't be concerned. However this does seem a bit extreme for a car accident doesn't it?

Secondly if this goes to court and for whatever reason the judge abandons all reason and sense and judges against me, doesn't that land me with a CCJ? This is the part that seriously concerns me.ma roundabout accident, from googling, appears to usually end up 50/50 but I cannot end up with a CCJ for any reason.

Are my fears justified? Is this just a scare tactic that they won't actually go through with at the end of the day?

I find it incredible that a poxy car accident for £3k worth of car all in could possibly stand to devastate my credit record!

gilbert_and_sullivan

How did the third party hit your right side when you were approaching from the right and stopped.

Whatever happened, this is why you pay insurance so just pass it on to your insurer to deal with, you don't have a dog and bark yourself.

SLITHER99

It was a mini roundabout. Other party went over the top/ to the right of the big white circle and swiped me out.

So there is no possible way I could end up with a CCJ from this?

gilbert_and_sullivan

SLITHER99 wrote: »

It was a mini roundabout. Other party went over the top/ to the right of the big white circle and swiped me out.

So there is no possible way I could end up with a CCJ from this?

So they must have oversteered and come right round to hit you on the offside.

Presumably you informed your insurer of the accident, therefore just pass on the claim, let the other party know that your insurer is dealing with their spurious claim, have you claimed on their insurance for their damage.

Whether you'll have to attend court i have no idea, presumably if you don't you will lose by default, but i expect the judge to throw it out as its an ongoing insurance claim.
I'd be using the insurers legal dept, thats why you pay them.

SLITHER99

It wasn't high speed, but the OP was more interested in a skimpily dressed lady on the footpath than the road. I was already on the roundabout, cold see they weren't looking, had to stop or the accident would have been worse.

It's all gone through insurance, I've been paid for my car already. The op is insured as well. I have no problem attending court if that's what's needed, but I can't end up with a CCJ. At this point, I don't care if I have to admit defeat despite it being absurd and losing no claims or excess. But in the world of mortgages, I can't have that!

arcon5

If you was already on the round about then the guy is guilty of failing to give way. So what matters is what story did the guy tell his insurers? What photos do you have?

Sounds like one of these roundabouts without raised curb center and the guy, rather than going round it, was going over it.

If you get a CCJ then if paid within 30 days it will be removed from your credit file. But if a court deems you liable, then your insurer will be responsible for paying the third party. Pass it on to them and let them deal with it.

SLITHER99

Two issues. The third party's account is complete BS and they even have a manufactured witness statement. You know, a phantom witness who saw everything, including the part where I tried to eat a passing group of puppies.

Most of their BS can be demonstrated with my photos of the crash after the fact. Almost any reasonable person with a brain can decipher it. However, my previous experience of the judicial system doesnt fill me with confidence.

Second, my insurer have been a joke throughout this process. I even had to tell them which part of the highway code the other party must have contravened in order for the accident to happen, the response from the handler was "oh yeah, the highway code... Of course, that's a good point", sending me a letter which said "this is all the information we have on your case" inside an empty envelope... The list of their complete ineptness is insulting. I can only imagine what may come if I send them these court letters and they use them to line the litter tray or something...

At the moment, I'm passed caring about losing. Sometimes in life you have to concede to stupidity. Especially if the alternative is six years of a destroyed credit file when I want to remortgage.

I'll happily post full details when this sorry ordeal is over, I just don't want to provide too much in the way of identifying details.

Joe_Horner

You don't get a CCJ in the way credit companies mean just by going to court, you get one for not paying anything the court orders you to. The whole point of court in these cases is to work out who owes what when there's a disputed debt, as long as you settle the debt promptly if it's decided that you owe it then there's no reflection at all on your credit.

If it wasn't like that then anyone could hold anyone else to ransom by launching spurious claims against them!

Buzby

The Highway Code is irrelevant, and has no basis in Law (it even tells you this) - look upon it as 'best practice advice' nothing more. As for the CCJ, this is a by-product of a court action, but:

1) You have to lose
2) the court orders you to pay the amount sued for
3) if after 28 days you have not paid, the other party then asks for formal judgement
4) the CCJ is issued, and Registry Trust advised who add it to their files

The important bit is even if you lose, you still have at least 3 weeks to pay before a CCJ can even be arranged. Once you do, no CCJ is possible.

Your insurer is meant to handle this, and you can sue them the same way if they do not - so put your complaint in writing.

Lastly - invest in a CAR DVR to record all travel, it will be the best £50 you've ever spent.

SLITHER99

Buzby wrote: »

<snip>

The specific sections of the highway code I have referenced do have basis in Road Traffic law. I'll be more specific when all this is done, but for now, just take it that it is. Regardless, the OP effectively went round the roundabout the wrong way. In fairness, everyone does. But that's not an excuse.

Thanks for the CCJ information. It's really put my mind at rest. Should I inform the court that I've sent the paperwork to my insurance? Should I expect a court date? Or will my insurer get that? I'm just mindful that if my insurer continue to be blithering idiots and not bother to tell me about a summons, I just want for my own peace of mind to be able to pre-empt their rubbishness. And trust me, they really have been god awful.

After this incident, the first thing I bought was a DVR. I need another for the second car in my household, but definitely a Car Dashcam is just vital this day in age!

Quentin

You should not contact the court at all over this.

Leave it with your insurer to deal with.

(If this does end up in court this will be months from now)