Please can anybody advise.

Exactly 12 months ago my son was involved in a car accident.

He was driving with his girlfriend when two girls in a car behind him threw something at his car (he didn't realise at the time just heard an almighty bang).

He braked and the girls went into the back of him.

Apparently it was a can of coke they threw.

Very little damaged to his car but apparently their car was a write off.

The police came and both drivers were drink/drug tested unfortunately my son failed drug test (cannabis) although he had not smoked that day.

Rightly he was arrested and subsequently taken to court where he was heavily fined and lost his licence.

Can I make it clear this was the best thing to happen I am anti drugs and since that day my son is also anti drugs, he has not touched cannabis since that day.

Fortunately nobody was hurt in the accident.

A few weeks after the crash my son received a letter from the police stating that the other party was responsible for the crash and unless she agreed to go on a driving awareness course she would be prosecuted.

no action regarding the crash would be taken against my son.

He did speak to the police who explained that even though he had tested positive it did not give her the right to drive dangerously.

My sons insurance will not accept liability (rightly so because of drugs) but now exactly 12 months after accident Admiral (other persons insurance) has sent a letter to my son saying because his insurance wont pay they are starting proceedings against him.

Please can anybody advise what we should do.

Starting proceedings for what?

Hi thanks for quick response. Proceedings to recoup costs of other drivers car and loses

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20/pd_part20

Your son should add the girl as a third party in an "additional claim". I would suggest that you write to the insurance company with a copy of the letter from the police and tell them that they should be suing the girl at the very least as a second defendant and that if they fail to do so that you will be making an application to the court to join her as a third-party additional defendant.

This procedure was previously known as a part 20 claim

Hi thanks for quick response. Proceedings to recoup costs of other drivers car and loses

They can issue a court claim against your Son. He just needs to get his own Insurers to handle this and if your Son is found liable, then his Insurers will pay the third parties.

Suggest he phones the Insurers he had at time of accident and arranges to send them any correspondence received.

Thanks Bankfodder will definitely take your advice.

It is so worrying does anybody know if anybody has been sued before in cases like this.

Thanks unclebulgaria67

Is it likely he can be found liable when police have stated accident was other drivers fault

Thanks unclebulgaria67

Is it likely he can be found liable when police have stated accident was other drivers fault

The information from the Police may be considered, but it might be argued by the third party that it is wrong or there is no evidence to support what the Police reported.

What evidence was there to support what the Police reported ?

Well the police were at the scene within seconds and spoke to people who saw the accident, and I suppose the fact that she went into rear of my son helped to make their decision on who was at fault

I have read through other threads which are similar to our problem and it only seems to be Admiral Insurance who take this stand. I can't seem to find the outcome of any case so don't know if Admiral take these cases all the way or if they have won any

They can issue a court claim against your Son. He just needs to get his own Insurers to handle this and if your Son is found liable, then his Insurers will pay the third parties.

 

Suggest he phones the Insurers he had at time of accident and arranges to send them any correspondence received.

As I understand it the son's insurers have denied liability for the claim because their policy excludes liability for any accident that occurs when the driver is under the influence of drugs. We don't know if the son's insurer is justified in denying liability, let's assume they are for the moment.

However the insurers are still obliged to defend a Third Party claim against OP's son but could then recover from OP's son anything they pay out. This may give the son's insurer little incentive to defend the claim from the third party insurers so the son might want to consider instructing his own solicitors to act for him.

So the advice is to issue a claim against the driver of the other vehicle? It sounds like Admiral are writing threatening to start proceedings but haven't actually done so yet. So OP's son should get his claim in first?

DOTCOM, I have no idea if Admiral will actually proceed with an attempt to recover, but I'd guess they will. Work on the assumption they will anyway. How much are they trying to recover? Only for damage to the car that was behind him?