County Court claim for old accident.....

[NeilNorwich]

I recieved a County Court claim form today which details an incident dated 16/03/06.

 

The incident did happen. Basically i was driving around a roundabout on the inside lane, the claimant was driving around the roundabout in the outside lane, both lanes of the roundabout would have exited at the same point and as myself and the claimant left the roundabout he hit the side of my car, we left the road and discussed the matter, agreeing to take no further action do to the minor damage to my car (at the time it was quite clear he was in the wrong).

 

I reported this to my insurance company but due to the nature of the discussion after the incident advised my insurance company that i would be taking no further action etc. However i have no recieved this claim form from the County Court which in total requests £748!!!

 

This is crazy, i cant believe that after all of this time and after this guy was so clearly in the wrong that they are trying to claim this!

 

At the start of the claim the letter reads....

 

"The claimant claims damages due to the Defendants negligent driving. Failed to take avoiding action, steering, swerving or otherwise, so as to avoid the said collision."

 

It also says further into it......

 

"As he was proceeding, the defendant driving reg number **** *** cut across his path to exit the roundabout causing a collision with the claimants vehicle"

 

Anyone got any advice on what i should do next? Im obviously considering contacting a solicitor, to take this on but wanted some views on it before hand!

[Conniff]

Get in touch with your insurance company right away and explain this to them.

Do you have legal protection with your insurer?

 

Obviously you swopped names and addresses as you wouldn't have got this claim, so why did you not receive a bill from the third party before court action.

 

When is the court set for?

[NeilNorwich]

Get in touch with your insurance company right away and explain this to them.

Do you have legal protection with your insurer?

 

Obviously you swopped names and addresses as you wouldn't have got this claim, so why did you not receive a bill from the third party before court action.

 

When is the court set for?

 

The only things to have changed since the incident are that i no longer own the vehicle in question, and that i am now insured by a different company!

 

Just gives me a maximum of 14 days from the date of service to respond! the only date mentioned (other than the incident date) is 08/11/07. There are several pages with this letter, forms to fill in for whether i dispute it or not!

 

Will i have problems now im with a different insurer? Can i get a no win no fee solicitor to take it over?!

[pt2537]

Hi

 

The insurers at the time will still be responsible with regards to this claim so you need to contact them as a matter of urgency

 

you will need to acknowledge the claim within the 14 days and inform the court of your intention to defend

 

i think you would be best served by speaking to a solicitor if you ex insurers don't supply you representation as there may be a potential counter claim here but a solicitor will advise

 

Regards

paul

[pt2537]

 

 

 

 

"The claimant claims damages due to the Defendants negligent driving. Failed to take avoiding action, steering, swerving or otherwise, so as to avoid the said collision."

 

 

 

 

ok also this will most likely be a claim under the TORT of negligence

 

to win such claim he will have to establish certain things

 

1 that you had a duty of care to him.

 

2. that you breached that duty of care (on what you have said that looks impossible)

 

 

3. that the breach of that duty was the cause of his injury

 

 

i suggest that it will be difficult to prove such unless there are witnesses which collaborate his side.

 

 

Regards

paul

[NeilNorwich]

Hi

 

The insurers at the time will still be responsible with regards to this claim so you need to contact them as a matter of urgency

 

you will need to acknowledge the claim within the 14 days and inform the court of your intention to defend

 

i think you would be best served by speaking to a solicitor if you ex insurers don't supply you representation as there may be a potential counter claim here but a solicitor will advise

 

Regards

paul

 

Thanks for your replies, I will be contacting my old insurers tomorrow and hopefully they will take it from there! If not I will contact a solicitor and let him take care of it!

 

Thanks again!

 

Neil

[buzby]

Did you receive any formal notice of an impending action, or just the court papers? Secondly, I'm assuming the person instigating the claim is the other driver and not his insurance company? This has all the hallmarks of a set-up and a hope that you are panicked into a settlement. Have you had any dealings/contact with this other person since the day of the accident? I think any court would want to know why established accident mitigation processes have not been used.