CCJ against me for an insurance claim

Teme9

Manxman_in_exile said:

Teme9 said:

Hi just an update to this,

I got a letter from the solicitor that the insurance provided and am now having to attend court for this nonsense. The handling solicitor is apparently away but supposedly they're sending it to court as didn't get a response from the third party's bogus solicitor.

Any advice on how I should proceed? I'm literally being taken to court for a vehicle hitting my rear. Is this failure on my solicitors part for poor defence statement?

Can we just be clear - (because this has been a problem with this thread from the outset)?

So your insurers (or their lawyers) are now defending this claim on your behalf - yes?

If the claim is going to court then what you need to do is to cooperate fully with your insurance company and you must do what they want you to do - and that might mean providing a witness statement or appearing as a witness in court. 

That's because, although they are technically representing you, it's their money that is at stake.  If you lose the case it is your insurance company that pays out, not you.  So you have to do what they want you to do.  If you search through the T&Cs of your insurance policy you will see that you already agreed to do this when you originally took out the policy.  If you don't cooperate you will be in breach of the policy and the insurance company could leave you high and dry.

There is nothing for you to be concerned about - simply tell the truth.  If this is a bogus claim the court will see through it.

And no - it isn't necessarily the fault of your insurance company that it is going to court.  They can't just stop the claimant or their solicitors from taking the claim to court if they're too stupid to withdraw it...

Thank you, yes thats correct the insurance companys solicitors are defending the claim.

Ofcourse, i plan to co-operate fully, I wasn't at fault in this situation. I intend to provide both a witness statement and appear in court. 

Teme9

Just an update to this thread. 

The claimant proceeded to court and I now have to attend local court this week as part of a fast track claims pathway. Incident occurred during 2021, claimant drove into the back of my car as i came to stop at a red light. Claims i reversed with no video evidence. Despite this, it has somehow proceeded to court.

Any advice would be appreciated.

Ectophile

If it's going to court, you will have to attend as a witness.  Do whatever your insurer's lawyers advise you to do.

castle96

your loss of earnings? Expenses?