Third party instructing solicitors to issue court prcodeeings...help

facade

But you say that you did not report it as stolen, so you agreed that it wasn't.

The simplest way to resolve this is to pay for damage to the parked car, luckily there won't be claims for whiplash for the 4 passengers.

I don't understand why Admiral have court papers, they should have come to you, and you pass them to Admiral, unless everyone, including Admiral, accepts that the car was stolen, in which case no worries, Admiral will pay.

In a Civil Court, they only have to show that is is more likely that you were the driver than someone else, and they will take into account that you didn't report it stolen, you were standing at the scene taking photos, you can't/ won't name another driver, whether it was driven with the keys etc.

Basically, you are in a mess, and you would do well to seek legal assistance.

Sandtree

colinahenderson87 said:. 

What do you mean about the burden of proof being lower in civil courts. 

In criminal courts to be found guilty it must be “beyond reasonable doubt” but to be found liable in a civil court its “on the balance of probabilities” hence you can be found not guilty but liable due to the difference threshold. 

[Deleted User]

facade said:

But you say that you did not report it as stolen, so you agreed that it wasn't.

The simplest way to resolve this is to pay for damage to the parked car, luckily there won't be claims for whiplash for the 4 passengers.

I don't understand why Admiral have court papers, they should have come to you, and you pass them to Admiral, unless everyone, including Admiral, accepts that the car was stolen, in which case no worries, Admiral will pay.

In a Civil Court, they only have to show that is is more likely that you were the driver than someone else, and they will take into account that you didn't report it stolen, you were standing at the scene taking photos, you can't/ won't name another driver, whether it was driven with the keys etc.

Basically, you are in a mess, and you would do well to seek legal assistance.

Didn’t report it stolen, but it was stolen. I was a little preoccupied with the fact I was being charged. 

I’d pay for the damage if it means this will go away, I’d rather not but it is what it is. 

I’ve no idea why admiral didn’t pass these to me either, I’m a bit confused by it all. 

waamo

You need to speak to a solicitor about this. I can see Admiral getting twitchy about this. Found drunk at the scene, stolen yet not driven far before it crashes. No known thief or driver. Not reported stolen at any time.

You can see how this might look can't you?

[Deleted User]

waamo said:

You need to speak to a solicitor about this. I can see Admiral getting twitchy about this. Found drunk at the scene, stolen yet not driven far before it crashes. No known thief or driver. Not reported stolen at any time.

You can see how this might look can't you?

Oh yes, I’m more that aware of how bad it looks. 

Just wanted to know more about the process I’m likely to come up againstZ 

ElizabethRose

Are Admiral indemnifying you or dealing as RTA insurer? You need to speak to them as otherwise we are all second guessing. 

Admiral could come after you after paying out the third party claim. What did they do about the policy and your vehicle damage? If they declined your vehicle damage claim that could give you an indication. 

[Deleted User]

ElizabethRose said:

Are Admiral indemnifying you or dealing as RTA insurer? You need to speak to them as otherwise we are all second guessing. 

Admiral could come after you after paying out the third party claim. What did they do about the policy and your vehicle damage? If they declined your vehicle damage claim that could give you an indication. 

No they’re not indemnifying me. 

I didn’t claim for my vehicle, I sold it as
it was beyond repair (it cost £500 to buy) I paid anything owed on the policy and cancelled it. 

ElizabethRose

colinahenderson87 said:
No they’re not indemnifying me. 

In that case expect them to look to recover what they pay once they've settled the third party claim. 

George_Michael

colinahenderson87 said
I paid anything owed on the policy and cancelled it. 

Did you buy another car afterwards? and if so, did you declare that your previous vehicle had been stolen when you insured it?

ontheroad1970

colinahenderson87 said:

facade said:

But you say that you did not report it as stolen, so you agreed that it wasn't.

The simplest way to resolve this is to pay for damage to the parked car, luckily there won't be claims for whiplash for the 4 passengers.

I don't understand why Admiral have court papers, they should have come to you, and you pass them to Admiral, unless everyone, including Admiral, accepts that the car was stolen, in which case no worries, Admiral will pay.

In a Civil Court, they only have to show that is is more likely that you were the driver than someone else, and they will take into account that you didn't report it stolen, you were standing at the scene taking photos, you can't/ won't name another driver, whether it was driven with the keys etc.

Basically, you are in a mess, and you would do well to seek legal assistance.

Didn’t report it stolen, but it was stolen. I was a little preoccupied with the fact I was being charged. 

I’d pay for the damage if it means this will go away, I’d rather not but it is what it is. 

I’ve no idea why admiral didn’t pass these to me either, I’m a bit confused by it all. 

I don't understand why you didn't immediately call the police when you noticed the car in the position and state that it was.  Your friend gave you incredibly bad advice, as not making that call on discovery may well affect your credibility, which is quite a series thing in a civil case as it may make the court lean the other way from what you would have wished.