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A claims form for damages arising from a car accident.


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A friend has just received a copy of proceedings for issue against her. A claims form for damages arising from a car accident. The vehicle involved ,(though my friend was the registered keeper,) was taken without her consent. It was not taxed, insured or with an mot. The youth who took it hit a parked car, (there was an independent witness, who,months after the event told my friend what had happened (meanwhile she was fined for not giving details of the driver).

I would just like to know how to help my friend word her defence..The claim form states her as the defendent and thus the driver,which she was not.

The solicitors letter also states that she has committed an offence by not providing the insurance details to them under s.154 Road Traffic Act 1988.They state this is why they have sent proceedings to the court for issue.

So can my friend be helped or is it to complicated ?!.ie should I advise her to see a solicitor.

many thanks

moving on

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It is not very clear what exactly has been going on. Was the car on the public highway, in which case it should have been taxed, insured etc. If it was on private property with a valid SORN, and taken by the youth without her consent, did she report the theft to the police and get a crime number. If this is the case why was she fined for not naming the driver; surely giving the crime number would have removed her responsiblity for the accident.

 

Does the solicitor represent the insurance company, or owner of the car hit.

When she recieved the summons to name the driver, why did she not give the details of what happened.

 

A lot of questions that any solicitor she goes to is going to be asking.

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claim is obviously against the wrong person (see s.154) and se S 154 (2) "If without reasonable excuse,..." see needs to show wasn't driving, does she have proof of that.

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Thanks for the replies.

She did not report the taking because she did not know..they drove from her yard to the end of the road to some shops then back again ..she was teaching at the time..it was only after one day she had court papers and saying she had no idea what it was all about and filled it in to that fact ,that another youth who was present told her what happened...by that time she had told the courts she knew nothing about the incident..but they still fined her for not providing details of the driver. The vehicle was on private land awaiting repair.

I believe the solicitor is representing the owner of the damaged car.

Thanks

Jane

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There's more to this than meets the eye.

 

Is it possible that a child of the owner, or a friend of the child took the car for a ride without the owner's consent, had an accident and came back?

 

When the papers asking who the driver was, could the owner misguidedly have either ignored them (knowing nothing about the incident) or failed to investigate, or deliberately took the rap?

 

I think we need a fuller picture.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Thanks.. it does appear to be a combination of all of the above.

In hindsight i believe she should have been more aware of her responsibilities after she found out what happened..but at the time of submitting court papers she knew nothing about the incident and just paid the fine.

I just thought proof of her not being the driver would be enough to prevent a claim against her as on the POC they are stating she was the driver.

It all seems far more complicated than I thought and i think the best advice would be for her to seek legal advice asap.!

thanks once again

Jane

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proof of not being the driver, work records and a notarised affidavit from an officer of the company will go along way. Don't forget the legal maxims, two of which are:- 'In Commerce truth is sovereign' and ' Truth is expressed by means of an affidavit'.

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