Help! Being sued by other party in private claim????

Quentin

It is usually the driver who is sued.

This isn't unusual, (issuing a writ), and it is unlikely to get as far as a hearing. An out of court settlement could well be negotiated between the two insurers legal representatives.

The court won't be interested in to whom you have forwarded it, but for your own peace of mind keep on to your insurers for updates.

mattymoo

It is always the drivers named in the summons / writs because they were the parties to the accident.
When cases go to trial the judges will ignore the insurance aspects and decide it on its merits with the insurers merely picking up the tab.

If your insurers do fail to act then the other side can proceed to judgement against you in default - because they failed to file a defence. All insurers pull writs etc to the top of the pile when sorting post so as to ensure they are acted upon the same day. It is however worth checking to ensure they have done this.

ferret

UPDATE:

Bit of a bum rap here.

Contacted the Insurance Company to check they had received the writ and they rang me back..


I was given two choices :-

1: Concede. They will then pay the writ and close the case.

2: Defend. In which case I would have to attend court, 200 miles away, take time of work etc. and no certainty of winning - it is my word against his and therefore presumably the judge will rule equal blame (my interpretation no theirs). Apparently, there was no possibility of defending this without me attending court personally.


Either choice costs me nothing directly as I have protected no claims. In addition there is zero damage to my vehicle so no costs there either.

It will still count as a "fault claim", and therefore potentially impact me in the future (if I have subsequent claims or change insurers) unless I was to go to court and win completely.

However, to defend this case i would incur significant inconvenience for no material gain. While it would be morally right to defend, it would be cutting off my nose to spite my face.

So it seems like a no-win scenario for me and the bully-boy tactics of the other party look like paying off for them.

So reluctantly I have conceded.

B'stards

robnye

good luck,

i vaguely remember reading about getting the hearing moved to a court nearer you.... dont know if this is possible....

at the end of the day it boils down to how much agro you want.......