Consent and indemnity agreement

hiphop99

I was hoping the forum could help. 

My sister is in a very challenging predicament. She was driving back after a night out and hit a road sign, knocking it down when she was reversing. A nearby resident saw this and called the police. There was also a delivery driver nearby who witnessed this (important detail).

Now she was asked to do a breathalyser but was unable to do so at the scene. She is asthmatic and the anxiousness of the situation got to her. She had not been drinking but regardless, she was charged with failure to provide a sample.

The delivery driver is now claiming that he was also hit by her, which is 10000% false and completely opportunistic. He remained on the scene which was odd initially but now makes sense. He has gone through his insurance and my sister has received a consent and indemnity agreement. 

Should she sign this? We are struggling to make sense of the steps now, given that the claim from the delivery driver is completely fabricated.

Any help would be greatly appreciated.

huckster

Sister should refuse to sign this until she has had a full explanation in writing about this consent and indemnity agreement. 

By signing it, does this mean your Sister is financially liable for any amounts ?

hiphop99

@huckster

Thanks. That's my concern. That she's liable for an open-ended financial amount. My understanding is that the alternative would be that she has room to negotiate on a potential settlement if the claim goes against her?

With respect to an explanation, is the form not self-explanatory? 

DullGreyGuy

Who's sent it? Her insurers or a representative of the third party?

hiphop99

Her insurers. I am happy to share the wording if that helps?

huckster

Yes share it, but remove any personal information.

You need to ask for full written explanation before signing such a document. The fact that you are asking on here, suggests you don't understand consequences.

Would you ever sign a blank cheque and let someone decide how much they were going to take from you ? If the answer is no, then why would you sign such a form, without asking for some written assurances about how the company wanting this document are going to use it ?  What processes are they going to follow ? Limits on costs ?

Remember this document if signed by you, could end up being used in court against your interests. 

DullGreyGuy

hiphop99 said:

Her insurers. I am happy to share the wording if that helps?

The wording would help but it sounds in principle that the policy as a drink driving clause which they are enacting meaning that whilst they will settle the third partys' claims as appropriate that they will then look to her to reimburse them for their losses

Smithcom

hiphop99 said:

I was hoping the forum could help. 

My sister is in a very challenging predicament. She was driving back after a night out and hit a road sign, knocking it down when she was reversing. A nearby resident saw this and called the police. There was also a delivery driver nearby who witnessed this (important detail).

Now she was asked to do a breathalyser but was unable to do so at the scene. She is asthmatic and the anxiousness of the situation got to her. She had not been drinking but regardless, she was charged with failure to provide a sample.

The delivery driver is now claiming that he was also hit by her, which is 10000% false and completely opportunistic. He remained on the scene which was odd initially but now makes sense. He has gone through his insurance and my sister has received a consent and indemnity agreement. 

Should she sign this? We are struggling to make sense of the steps now, given that the claim from the delivery driver is completely fabricated.

Any help would be greatly appreciated.

There is a lot to unpack here, and your sister may be wise to obtain legal advice, particularly if the total coats are likely to be chunky.

I will take at face value your comments re your sister not drinking, but the circumstances do seem unusual.   I am not qualified to say whether asthma makes one more likely to demonstrate extreme anxiety, but potentially that's something that could be conveyed to the insurer - i.e if the police/court had no option but to charge/convict, but there is a legitimate reason why your sister could be innocent.

To knock down a road sign whilst reversing, suggests an extent of speed involved, which may or may not hinder my above thoughts.

With an allegation of another party involved, perhaps the first witness could disprove this?

Personally, I suspect that there is more to this story that you are aware, but that's just my personal thoughts.

Who is the insurer?   Are they invoking their drink-driving clause?    Could you post a copy of this wording?

It is hard to tell on a forum why your sister would benefit from signing this agreement.

As I say, she may need some legal advice.  She needs to be careful.    Does she have assets (house/money/car etc)?

SC

 

The_Unready

Did the police not give your sister the option of a blood alcohol test at the local station (note - I don't know if that is mandatory or not)?

hiphop99

Here is the wording:


Here is the wording - nothing needs to be redacted.

It is understood that the cost of the defence of any such claim shall be borne Skyfire Insurance
Company Ltd.

2. I hereby authorise Skyfire Insurance Company Ltd to accept service of any civil proceedings on my
behalf in respect of any such claim. I give them full authority to contest the proceedings or to effect
a settlement of any such claim whether or not proceedings have been commenced and if thought
appropriate to admit liability or consent to judgement on my behalf.

3. I hereby agree to indemnify Skyfire Insurance Company Ltd against, and to repay them all sums
paid by them in respect of any settlement of any such claim (including the costs of the Claimant(s).

4. I undertake to give Skyfire Insurance Company Ltd all information and assistance in my power and
to give notice of any change of address from that given below.

5. I hereby authorise Skyfire Insurance Company Ltd to prosecute in my name any claim which I may
have against any person for indemnity or contribution in respect of any claim which may be made
against me, but it is understood that Skyfire Insurance Company Ltd do not bind themselves to do
so. It is further understood that the cost of prosecuting any claim for indemnity or contribution shall
be borne by Skyfire Insurance Company Ltd.

6. This agreement may at any time be terminated by either Skyfire Insurance Company Ltd or myself
by notice in writing, and I fully understand and agree that, after termination by either of us, Skyfire
Insurance Company Ltd will have no obligation to continue to conduct my defence or to prosecute
any claim for indemnity or contribution and will not be responsible for any costs incurred after such
termination.

hiphop99

It's been very difficult for me to pull the full story together - the events happened in March and have already progressed to court and a conviction. My sister didn't involve anyone in the family from the outset - embarrassment, shame, sadness... whatever it was. So we are picking the pieces up now, with respect to the insurance claim.

So here are some facts that I have gleaned from her.

- Apparently there was a stationary car that was clipped, which is what the claim refers to.

- She was convicted on failure to provide a sample - not driving under the influence.

- The reply to the consent and indemnity letter has still not been sent.

So that's where we are... there's definitely a conviction but she maintains that the events of the evening were a blur.

So now we do not know what to do with the letter and the next steps. What are the options if she doesn't sign it?

Is it a case of either be liable for a blank cheque amount through signing the letter or try to settle on an amount if she doesn't sign?

She really can't afford a solicitor and the family isn't really in the financial position to be able to support, hence why I have reached out online.