Court advice required - Car crash claim

ljrees83

Morning everyone!

I had a RTA in October 2014 - i was pulling into a corner and the lady on the otherside of the road took the corner too wide and crashed into me, pushing me onto the verge. At the scene she admitted liability as she had been bitten on the leg by a bug (!) and we exchanged details. I also took the details of an independent witness.

I required 9 months of physio, had to pay my excess, also had 2 weeks off of work, had to replace car seat etc.

I processed the repairs etc through my insurance company who obviously then got in touch with her insurers, which at that point they denied liability. It has been going on now for over a year so my solicitor has taken the other party to court. With an independent witness and the engineers report stating that this was non fault due to the areas of damage on both vehicles.

Anyway, the court case has been sent and her insurance company have acknowledged the claim. I got the following email yesterday from my solicitor -

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

Does anyone know what the next steps are and the chances of the court ruling in my favor? The other party are over 20 days late in submitting a defence.

Many Thanks

neilmcl

Doesn't sound like the TP insurer is going to bother submitting a defence so it'll end up in your favour. I wouldn't worry about just leave it to your insurer.

OnanTheBarbarian

Your solicitors may get judgment. This means the claim may get swiftly paid in your favour. On the other hand, the other side may have sent a defence to the court and just not sent a copy to your solicitors. Or they may make an application to set the judgment aside.

So you are best just waiting on further news from your solicitor over the coming weeks.

straighttalker

Even if you get judgment in your favour, it may have been due to the fact that the third party didn't pass the papers onto their insurer who would in all likelihood instruct solicitors. You may find that once solicitors get instructed for the third party, they may make an application to set the judgment aside or alternatively agree by consent to set judgment aside.

Notwithstanding the above, even if judgment is entered, that just deals with the liability aspect. Your claim still needs to be quantified because it involves personal injury. Is all the medical evidence complete? Do you have a final prognosis? The matter will still have to proceed to a disposal hearing in absence of agreement between the parties in order that a judge may value your claim.

ljrees83

The other party has instructed a solicitor and they acknowledged the claim but failed to submit their defence.
I have the personal injury details, I had a medical examination and it was confirmed as whiplash and the recovery time was 9 months.

straighttalker

If they acknowledge but didn't submit a defence, it looks like they're admitting liability by not filing a defence. Pretty poor practice though as in my day, we used to still file a defence admitting liability but raising issue with regards quantum.

I reckon you'll get an offer in settlement soon.

ljrees83

My solicitor seems to think that it is an administrative error on her solicitors part as they have been merging with another practice. Just want it cleared up now as it's been dragging on for over 18 months!

ljrees83

Have just heard that a default judgement has been entered in the absence of a defence. Do you think this is something the court will set aside?

Quentin

As they acknowledged the claim any attempt to set aside this judgement in default is unlikely, but not impossible.

ljrees83

Update - they have applied to have the judgement set aside, which my solicitor has agreed with.
they are now disputing small details like receipts for prescription charges etc. Does anyone know why they would be doing this?
The hearing that was set for 29th June has been cancelled as judgement has been set aside.