personal injury claims

rudekid48

OnanTheBarbarian wrote: »

Dude you just need to get on and run your claim

This.... :T

OP, if you are injured just claim. You seem to be looking for some guarantee that no court case will be involved which nobody can give. It's almost as though you're worried that you'll lose due to - just maybe - not actually being that injured......

robbie_the_great

Yes , I was injured.
not worried about loosing,just when I seen that my 2 friends were dragged through
the mill because a drunk,s memory of event was different to those that really happened.
I was only asking from people in the know of the court process/personal injury process.

robbie_the_great

just had 2 missed phone calls from the insurance company involved.iam not sure as to ring them back....my solicitor is closed for holidays.last I heard from solicitor is they were sending a summon to insurance company??
??????

Quentin

No need to ring anyone you miss a call from unless you want to.


if its important the caller can ring back or write.


In your case if you mean the other sides insurer and they ring back tell them straightaway you will not discuss this over the phone and ask them to write to you if they want to discuss anything.


If they do, then pass the correspondence to your solicitor to deal with

robbie_the_great

your right,i will tell them that if they ring back.
I am just annoyed with myself I never asked the solicitor more questions,like what is a summons or what happens after he sends it to the other-sides insurance company.

Quentin

Don't know what your sol means by "sending a summons"


Solicitors don't issue summonses (these are sent by the courts over criminal matters).


He/she may be meaning a county court claim has been issued (ie a civil claim, not a criminal "summons" - as pointed out to you in #21, you won't be going to any criminal court over your claim)


There is no reason why you cannot phone your solicitor's office and ask any questions that you are concerned about - if his staff cannot answer them they will arrange for you to speak directly to the solicitor (either by phone or by appointment)

robbie_the_great

point taken Quentin.--but as I said,my solicitors office is closed for holidays for the next week and I was just thinking back today to what the solicitor said when I met them last week.

I just was asking hoping people like yourself in the know,might shed some light...

What is the procedure when an insurance company receives this from a solicitor??

Quentin

They wouldn't receive it from a solicitor.


If am correct, and your solicitor has issued a county court claim, then it will be processed by the county court.


The defendant's then have a set period to either pay the claim/submit a defence/ignore it.


If they ignore it you will "win" by default, and your solicitor will set about enforcing the judgement by default to get it paid


If they issue a defence then that will be the start of the long process of the court getting documentary particulars from both sides, as well as possible attempts between the sides to settle out of court, before finally a hearing takes place when a judge will decide who wins.

robbie_the_great

Can they really issue a defence when it has already been tried and lost in court?they never said the accident never happened,they said it was an lvi impact,which dragged on and they lost in court.

Quentin

Robbie, you need to try and put this to the back of your mind rather than stressing like this


These things take months to resolve, and your solicitor will happily deal with your queries, none of which need urgent attention.


Your sol will tell you what he hopes to be the outcome of taking legal action and knows your case.


You asked what the procedure was when a company receives a court claim, and I gave you all options open, not specific ones to your case


But a defence could be unrelated to liability! (eg that you are claiming too much for the problem). NB. Just a suggestion, don't start worrying again!