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County Court claims


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Hello all

 

I need some advice about a claim my mother has recieved from the County Court in Northampton.

In July last year she accidentally reversed into a parked car while pulling out of a parking space. The elderly man in the car claimed that she had caused slight damage to his front bumper, although it was extensively damaged to start with. The collision was barely noticable.

After several phonecalls and letters between them both he said that he would settle for £60 to keep the insurers out of it. My mother refused as she did not beleive that her car had caused any damage to his vehicle (hers was unmarked).

A few weeks later she found out that he had put an insurance claim in against her and her insurers had decided to settle his claim totaling over £300 to replace the damaged bumper. Although she was annoyed about this, she considered the matter closed, however this week she has received a claim from the County Courts in Northampton for the damage to this man's car for £300 plus costs. Is this Legal? If so then what can she do about it? She has got 14 days to respond to the court papers. It seems to me that this gentleman is "trying it on" as her insurers had already settled. Could he be found guilty of issuing a false claim? I hope so.

Edited by barnington
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Could he be found guilty of issuing a false claim? I hope so.

 

This is probably an action brought by the insurers following a subrogation of rights.

Basically if person a causes damage to person b's property and person b claims from their own insurers then the insurers may well (and it's becoming increasingly commmon now) seek to recover their loss from person a via a subrogated claim.

 

I suggest your mother firstly check with her own insurers to see if she has legal cover on her own policy.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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