Claims Letter

ThinkingOutLoud_2

dacouch wrote: »

Is the vehicle owned by her or you by any chance?

She knew she was wrong, she knew he did not own the vehicle, it was some relation of his

This is like some blue chip interview teaser..
So by that logic - does that make the driver her brother and the OP their dad who suing them? Or is she the owner, suing herself?

dacouch

ThinkingOutLoud wrote: »

This is like some blue chip interview teaser..
So by that logic - does that make the driver her brother and the OP their dad who suing them? Or is she the owner, suing herself?

I asked as this thread vaguely reminds me of this one...

http://www.honestjohn.co.uk/forum/post/index.htm?t=117464

Keep_pedalling

cc4rhu wrote: »

Hi - she was fined for being in a vehicle knowing that the driver did not have the owner's permission.

That does not make her responsible for the accident, they are just trying it on as they can't get anything out of the driver do to him having no assets or income.

She should simply ignore the threats unless they actually go as far as lodging a claim in the small claims court, at which time she would need to defend the claim, but I think it unlikely that it would go that far.

TBagpuss

She needs to get professional advice ASAP. On the ace of it, it is dissicult to see how she could be liable as she was not driving and did not take the car, however, as she has been convicted of an offence it is possible that the insurnace co. has taken the view that she and her companion were joinbtly responsible for the car being taken, and that they were therefore jointly responsible for the damage caused.

There are situations in law where if there is more than one person who contributed to the harm caused, they thay can be found to be joinbt and severally liable (i.e. either can be pursued for any or all damages)
I don't know whether a situation like this would fall into that category but I think there is a possibility that it might, so she needs to get some advice urgently.

In terms of the costs, my guess (and it's no more than that) is that on top of the repairs there will be hire car costs, possibly costs of recovery, and the insurers may have had to pay out for damage to the fence / property they hit. They may have had additional out of pocket expenses as a result of the car being stolen. Part of the amounts claimed may be legal fees.

Are youquite sure that the letter is saying that Eldon have found her responsible, and not that the insurance have made a claim through the court and a court has done so? I it is the latter and she has not ben informed of any proceedings then it is even more importnat that she gets urgent advice, as if there has been a court case and she was not informed of it then she may be able to apply to have it set aside, but there are strict time limits.

cc4rhu

Hi, thanks for all of this.

From the reading that I've done this is one of those types of offences where both parties can be found liable. The letter clearly states Eldon has found her liable. They've requested court papers to see exactly what she was fined for. I guess I'll have to seek legal advice now. Many thanks for all the help

cc4rhu

Keep_pedalling wrote: »

That does not make her responsible for the accident, they are just trying it on as they can't get anything out of the driver do to him having no assets or income.

She should simply ignore the threats unless they actually go as far as lodging a claim in the small claims court, at which time she would need to defend the claim, but I think it unlikely that it would go that far.

This is what I'm clinging to. He certainly has no assets

Crazy_Jamie

cc4rhu wrote: »

Hi, thanks for all of this.

From the reading that I've done this is one of those types of offences where both parties can be found liable. The letter clearly states Eldon has found her liable. They've requested court papers to see exactly what she was fined for. I guess I'll have to seek legal advice now. Many thanks for all the help

It is, but being found guilty of that offence doesn't mean that your daughter is automatically liable for civil losses. In order to establish a civil claim the other side have to show that your daughter owed a duty of care and that she breached that duty, resulting in damage. The offence in and of itself doesn't prove that.

cc4rhu

thank you.

I've had a follow up response from Eldon where they've asked for copies of the court papers. I've told the to get stuffed. Seems that they are clutching at straws.