Help! Ds @uni,accident in May,just recd County Court claim

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  • Nasqueron
    Nasqueron Posts: 8,836 Forumite
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    They are trying to scare your son into settling. Same happened to my sister, she sent info to her insurer, ended up as a 50-50 and the transit she hit because his rear brakelights failed got £0 (her car was written off, his van had superficial damage, yet he was the one claiming for whiplash and time off work).

    The poster doesn't choose to settle, the insurance company does that, usually as it's cheaper than fighting, you can't force them to argue it in court.

    Outside of rare circumstances like yours, going into the back of someone will mean you are at fault and your insurance company will pay it
  • dacouch
    dacouch Posts: 21,637 Forumite
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    They are trying to scare your son into settling. Same happened to my sister, she sent info to her insurer, ended up as a 50-50 and the transit she hit because his rear brakelights failed got £0 (her car was written off, his van had superficial damage, yet he was the one claiming for whiplash and time off work).

    50/50 means the van driver received 50% of his injury claim...
  • jofish2669
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    Thank you all for your advice.It really helped!
    My son emailed me all his details and an email that I could forward to his insurance saying I could speak to them on his behalf. So I sent them all the stuff I received and that should be it! *fingers crossed*
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  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    This is the correct plan:

    Inform his insurance company of two things :
    One that he has a CCJ claim which must have a deference entered by XXX date.

    Second : That if he does receive a comprehensive plan and timeline of how they will deal with this he will enter a defence of "Indemnity" .

    If he just leaves it with the insurance as it is in his name, he is quite likely to receive an automatic CCJ .

    If they get a CCJ they will be chasing him for the money not his insurance.

    By entering a defence of indemnity the CCJ will be co-joined with his insurance company who will have to send a Solicitor to court to answer the indemnity claim.
    If the judge finds the indemnity is valid the CCJ will be awarded directly against the insurance company and not your son.

    Fingers crossed does not work and one couple who followed the advice of send it to your insurance and ignore it lost their home and it took several members many hours on here and legal beagles to get it overturned in the high court.
    I do Contracts, all day every day.
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