County court claim for RTA??

OnanTheBarbarian

You have 14 days from the date of being served to file an acknowledgment of service. if you do that, you are permitted 28 days from date of service to file a defence

arcon5

OnanTheBarbarian wrote: »

But if it happens on the insurer's watch, it is their problem to undo such as getting the judgment set aside or getting any entry on the register removed, plus compensating the policyholder for any adverse situation.

Its all well and good you saying that when its not you that would have baliffs potentially knocking at your door. And they want paying. They don't care about your sob story that your insurance company need to pay and are dragging their feet.

Footy1978

So should we file the acknowledgement of service if we don't hear anything positive from th insurer to. Allow time to put in a defense?

EdGasket

Footy1978 wrote: »

So should we file the acknowledgement of service if we don't hear anything positive from th insurer to. Allow time to put in a defense?

I think you should ask your insurers that and point out that you are worried about the deadline passing.

Footy1978

Well the insurers solicitor was in touch and said they had it all in hand and not to worry. They told her it was for them to deal with now and she didn't need to do anything else.

Hopefully that will be the end of it

Thanks for all the advise

straighttalker

Marktheshark wrote: »

Here is the Legal option.
The Defendant can claim in a filed defence "Indemnity" under Civil procedure rules.
They must be able to prove indemnity exists at the hearing, by way of a certificate of motor insurance.
The relevant section of the Civil procedure is contained within section 20.


20.4
PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS
Section 20.6
Defendant’s additional claim for contribution or indemnity from another party

20.6

(1) A defendant who has filed an acknowledgment of service or a defence may make an additional claim for contribution or indemnity against a person who is already a party to the proceedings by –

(a) filing a notice containing a statement of the nature and grounds of his additional claim; and

(b) serving the notice on that party.

(2) A defendant may file and serve a notice under this rule –

(a) without the court’s permission, if he files and serves it –

(i) with his defence; or

(ii) if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or b) at any other time with the court’s permission.

Mark, you're spouting absolute rubbish and muddying the waters. What you're talking about is when a party believes another party to be at fault and they feel that the other party needs to be brought into the proceedings. For example a builder is sued by an unsatisfied customer because the bathroom which got installed by a plumber leaked and ruined a house. The builder is named as the Defendant. Due to the fact that he wasn't responsible for the negligent plumbing, he brings the plumber into the proceedings as Part 20 Defendant to seek and indemnity for costs and damages sought by the customer.

OP, you need to forward the Court papers to your Insurer by registered post. Your Insurer will have a panel solicitor who will come on record as acting for you and will deal with the proceedings on your behalf. The proceedings need to be acknowledged within 14 days of service. If this isn't done, the Claimant's solicitors can apply for judgment.

Dee140157

A quick read of this thread has been useful. My daughter just today received a claim from an accident that happened in April for which she was legally at fault. The insurance has already paid for car but this is for car hire, injury, uninsured losses, physio etc (and more besides).

She is away from home at moment but I assume she (I) simply need to send documentation to her insurers and get them to deal with it. But also to chase to make sure it is dealt with.

Any other practical advice? She has got legal protection on her motor insurance etc. we made sure of that as it was her first car. All a bit of a shock for her sadly.

Quentin

Yes, she just passes this (and any future) correspondence on unanswered to her insurer to deal with.


The legal cover you mention is not for this sort of thing - it is there to assist getting back uninsured losses she might have if ever involved in a claim where a third party is liable in any way