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county court threat - pers injury claim longtime after initial accident


billathome65
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Hi this may be a strange one but here goes.

 

Over a year ago my daughter was driving her car with passengers in. There was a busy junction that she was edging out of when she noticed a car was coming on the outside of other road users ie overtaking at speed, at which point she stopped however the other car collided with her car and came to a halt some way past her car. This was witnessed by another driver.

 

The collision went through my daughters insurance who agreed to pay out on the basis that she had edged out into oncoming traffic even though the accident was plainly shown as my daughter felt to be due to the other drivers reckless overtaking.

 

Jumping ahead almost a year later my daughter was contacted by her insurance company stating that another person had now come forwards stating that they had been a passenger in this vehicle. The only people in the other car where the driver a female passenger ( apparently his wife ) and a child the wife was a front seat passenger however the claim was that now the other passenger was female and sat in front passenger seat and had a totally different name so effectively putting another passenger in the car and in that case sat on his wifes lap :-) ?????

 

My daughter advised her insurance of this and after some tooing and frowing my daughters insurance refused to pay up as they i'm assuming would have asked the same question why was the claim not put forwards at the same time as the original claim????

 

Anyway my daughter who is now a single mother of two young children has just received what appears to me to be a "Private claim" against her from this fictitious other passengers solicitors advising of court action to receive compensation of one hundred thousand pounds.

 

My daughter is going to contact her insurer tomorrow but the question I have is what is the process for her in this matter?

 

As far as she is concerned she has paid her insurance and should not be being harassed in this way she is a single parent working part time living in a council house and receiving PIP. There is Zero chance of getting even a penny out of her so how to proceed?

 

Cheers Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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The letter should be forwarded to the insurance company.

 

Make a copy first and send recorded delivery

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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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Was the accident reported to the Police at the time or just after? Did the daughter get the names of all the passengers at the time?

 

The fact your daughter is a single mum has no bearing on this claim. Where she lives and her income also the same. This should now be passed to her insurer's to deal with.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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£10000.00 is the figure in the claim. She isn't worried about the claim as she works in insurance and in fact works for her insurer. I was just checking as her dad :-D.

 

I know the fact that she is a single mum etc has no bearing however that being said she aint got two pennies to rub together so would not pay out this bogus claim anyway.

 

The accident didn't go through the police just the insurers however there is a witness to the amount of people in the other car.

 

As far as my daughter is concerned she gave all the info to her insurer both after the accident and when the bogus claim appeared. her insurer paid the original claim as a fault claim but refused the second claim based on the information their legal team where given as they base the decisions on probabilities they have refused the claim so I think the bogus claimant is now trying a private claim in order to try and circumvent the insurers decision.

 

My daughter recons that as this is related to the original claim her insurer will have to take it on again she also has legal cover with her union which she recons deals with none work related stuff so if all fails she will pass it to them.

 

Thanks for the advice anyway I will keep you updated as to the progress and outcome.

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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sounds like a spoof claim meself..

 

 

but ofcourse being in the trade

she knows all about them...

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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£10000.00 is the figure in the claim. She isn't worried about the claim as she works in insurance and in fact works for her insurer. I was just checking as her dad :-D.

 

I know the fact that she is a single mum etc has no bearing however that being said she aint got two pennies to rub together so would not pay out this bogus claim anyway.

 

The accident didn't go through the police just the insurers however there is a witness to the amount of people in the other car.

 

As far as my daughter is concerned she gave all the info to her insurer both after the accident and when the bogus claim appeared. her insurer paid the original claim as a fault claim but refused the second claim based on the information their legal team where given as they base the decisions on probabilities they have refused the claim so I think the bogus claimant is now trying a private claim in order to try and circumvent the insurers decision.

 

My daughter recons that as this is related to the original claim her insurer will have to take it on again she also has legal cover with her union which she recons deals with none work related stuff so if all fails she will pass it to them.

 

Thanks for the advice anyway I will keep you updated as to the progress and outcome.

 

Like we've said, just get the papers to her motor insurer to deal with.

 

Your daughter won't have to pay a penny personally herself.

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