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letter before action - without prejudice save as to costs


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Hi,

 

Little bit of info required as to hich way to proceed I received a letter before action - without predjudice save as to costs , yesterday, dated 27th may

 

which i had 7 days to reply which has passed anyway

 

the letter was from lyons davidson solicitors

 

it says they are acting for LV in relation to the recovery of their claim incurred as a result of the above incident for which they hold me fully responsible :x

says IMPORTANT NOTICE - under the terms of section 152 of road traffic act 1988 we hereby give you notice of our intention to commence court proceedings unless settleent is received within next 7 days they are trying to claim just under £1800

 

they go on to say just send a cheque for the full amount within next 7 days made payable to LV within 7 days of date of this letter, Please note the sum claimed is without prejudice to any further claim LV'S insurance may have against me

 

The only thing i can think thhis is about is an incident which happened a few month ago - I contacted my insurance and heard nothing else - I had pulled up in my car and was about to get out, when i caught sight of a car coming round a blind bend I tried to pull my door shut again but the wind caught it and blew it open - the car didnt have time to stop (my opinion was going to fast) so swerved around me and side swiped the on coming car - no 1 was hurt and all give details -

 

i spoke to my insurance and explained what had happened and and they agreed it wasn't my fault and heard nothing more about it until this letter arrived on my door mat yesterday

 

any advice would be appreciated

thanks

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Pass the letter to your insurance company - that is what you pay them for.

 

My opinion would be that whether the wind blew your door open or whether you opened it yourself, the driver should have been prepared for the unexpected and have been able to stop rather than opting to cross to the other side of the road. That of course is still a matter for your insurer to haggle over.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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What it read like to me was that - my insurance refused to pay as it was not my fault - and the other driver is trying to claim the cost directly from me ??

 

can they do this?

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What it read like to me was that - my insurance refused to pay as it was not my fault - and the other driver is trying to claim the cost directly from me ??

 

can they do this?

 

Yes if they think you're at fault.

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They would have to prove their claim.

 

Your defence is simple. Claimant was negligent and did not drive in a safe manner resulting in them colliding with a third party. The collision had nothing to do with you.

 

Id love to see the POC when it arrives

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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They would have to prove their claim.

 

Your defence is simple. Claimant was negligent and did not drive in a safe manner resulting in them colliding with a third party. The collision had nothing to do with you.

 

Id love to see the POC when it arrives

 

The OP should not be filing a Defence herself. She needs to pass any claim form to his insurers immediately for them to instruct solicitors to act on the OP's behalf.

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