accident in 2009

daisy_may

Hi, I don't know if this is the right place for this..but here goes - in 2009 a delivery wagon run us off the road and wrote off my car, took drivers details, gave my details - got in touch with insurance, all good so far.

In January this year 4 1/2 years on, I found out I am being taken to court as the other driver says it was my fault. (we'd moved in meantime, and thinking everything had been settled this came as a bolt from the blue)

The solicitor informed me last Friday (21st) that the best thing I can do is accept 50/50 blame, rather than go to court, which is next Friday (28th),as neither of us have independent witnesses.

That's all very well, but will this affect my insurance? For the past 4 1/2
years I've been getting insurance saying the accident was not my fault....after all I had been paid out and thought everything was finished with, nobody was injured and I could get another car.I didn't know that
this was going to come up now.

Hope this isn't too rambling, and readers can understand. (although I still say the other driver was at fault, I can't afford to pay out any money if the judge rules in his favour.

Moto2

Pass it to your insurance company [the one you had then] to deal with

Retrogamer

As mentioned above. Pass it to your insurance company you were with at the time of the accident.

If the other insurance company paid out, they deemed their client as liable with the fault which will go in your favor in the unlikely event it goes to court.

arcon5

Pass it on to them, but don't just leave it be. It needs defending! So if the insurance company don't get on it quickly you don't want to not just show up and them show up and win. As if its not then paid within 30 days or deal with youll have a ccj recorded for 6 years. Is it possible to apply to postpone the hearing?

scotsbob

Your solicitor advised you last Friday (21st) that you have a court case in 7 days time?

I would get another solicitor because he must have been given more than 7 days notice. You need to find out why he didn't advise you earlier.

daisy_may

Thanks for all your answers,
The delay in sorting everything out was because we had moved house, I had notified everyone I could think of, gas,water,insurances etc. but because I didn't know about the court case I obviously didn't inform solicitors. Do you think that the best thing to do is speak to the solicitor tomorrow morning and try to get more answers? Am I just being thick, because I honestly do not understand what is going on.
If I go to court and the judge finds in the other drivers favour, will I have to pay?
Thanks

Quentin

daisy_may wrote: »

Thanks for all your answers,
The delay in sorting everything out was because we had moved house, I had notified everyone I could think of, gas,water,insurances etc. but because I didn't know about the court case I obviously didn't inform solicitors. Do you think that the best thing to do is speak to the solicitor tomorrow morning and try to get more answers? Am I just being thick, because I honestly do not understand what is going on.
If I go to court and the judge finds in the other drivers favour, will I have to pay?
Thanks

Presumably the solicitor is instructed by your insurers?


If not, you need to be sure your insurer is aware of all this!


As long as you leave this to the insurers to deal with they will pay any award made against you by the court. (Though this may well be settled without the need for a hearing).

daisy_may

Hi, I spoke to the solicitor this morning @ 09.03, she advised me that, because there were no independant witnesses for either side that is why I;m better going for 50/50 settlement, so I sent her an e mail saying I would.

However at 11.45 the post arrived, with paperwork including the other drivers statement.......to be honest with you he is telling a pack of lies. He states that the driver was an asian male, I am a white female. He says that 2 other cars drove up full of friends and/or family of the driver and started harrasing him, it goes on and on.

I rang the solicitor, it was an answer machine, so I e mailed her pointing out all the descripancies, and which paragraph they were in.

I have heard nothing back....so it looks like I will be on the phone again first thing tomorrow morning......I would have gone for a 50/50 settlement, but not when the other driver is telling such blatent untruths.

Thanks for all your replies

It is the car insurers that have employed the solicitor.

Retrogamer

Why go 50:50 settlement when you don't need to?

You asked for advise on what to do and were advised to contact the insurance company you were with at the time ASAP. Did you contact them yet?

I advised this because i had a friend who had the same thing happening to them. They referred it to their old insurance company and that was the last they heard of it.

Nodding_Donkey

It sounds to me as if the third party has had another accident and things are getting muddled up.

daisy_may

Retrogamer, it is my old insurance company that have employed the solicitor. I knew nothing about this until January this year (because of house move) she eventually phoned my mobile.