Motor Accident Claim against other driver

[pumpytums]

Hi Everyone,

I wonder if someone can give me some information on a pending claim please?

 

A few months ago I was involved in a motor accident about £4000 worth of damage was done to my vehicle none to the other (commercial type) the other driver is 100% liable I have dashcam footage and even a witness, The incident was even reported to the police and I completed a statement no injuries to anyone.

 

My car is now fixed by my insurance company I have just being contacted by the same to say that the other drivers insurance has not paid up hence they are involving their solicitors. I have received information from their solicitors and basically they are through small claims suing in my name the driver of the vehicle for the cost of the repairs plus hire car. I assume that it has to be done this way as I'm the one who has taken a loss etc. So I'm the Claimant.

 

The problem I have is the other driver (Defendant) was to be kind a complete numpty, he is that kind of person you see on the TV on certain police traffic shows. I don't want him to have my home address they would be that stupid to maybe pay me a visit or do something even more stupid. They have to put my home address on the claim form, can they put care of the solicitors office?

 

Nothing has been sent to the Defendant at this stage I have only received the forms for my signature.

 

I think the whole claim thing is maybe to get his insurance company to pay up I have no idea why they have not yet.

 

Thanks in advance

 

Edited December 2, 2019 by pumpytums

[BankFodder]

The chances of them visiting your property are extremely remote – but I can agree that it could be worrying and that you don't want that. I don't know what the rules are about the address but it seems to me that there is no reason why your address should appear on the claim.

Are you able to find out the name of the solicitors who will be representing your insurer? If you can then I would write to them and also telephone them and discuss it with them

[pumpytums]

Hi BF,

thank you for the reply got one back from the solicitor too same time as you . Apparently you have to have an address on the Claim form unless your a judge or high ranking policeman.

 

Found this under practice 16 STATEMENT OF CASE

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

 

The claim form

2.1  Rule 16.2 refers to matters which the claim form must contain. Where the claim is for money, the claim form must also contain the statement of value referred to in rule 16.3.

2.2  The claim form must include an address at which the claimant resides or carries on business. This paragraph applies even though the claimant's address for service is the business address of his solicitor.

2.3  Where the defendant is an individual, the claimant should (if he is able to do so) include in the claim form an address at which the defendant resides or carries on business. This paragraph applies even though the defendant’s solicitors have agreed to accept service on the defendant’s behalf.

2.4  Any address which is provided for the purpose of these provisions must include a postcode or its equivalent in any EEA state (if applicable), unless the court orders otherwise. Postcode information for the United Kingdom may be obtained from www.royalmail.com or the Royal Mail Address Management Guide.

2.5  If the claim form does not show a full address, including postcode, at which the claimant(s) and defendant(s) reside or carry on business, the claim form will be issued but will be retained by the court and will not be served until the claimant has supplied a full address, including postcode, or the court has dispensed with the requirement to do so. The court will notify the claimant.

2.6  The claim form must be headed with the title of the proceedings, including the full name of each party. The full name means, in each case where it is known:

It is a worry but the guy would need to be completely bonkers to try anything. So if I give up potentially I may end up paying the excess for something that wasn't my fault and losing my no claims.

[BankFodder]

Well I'm afraid that's your answer then. I suppose that you will have to put up with the discomfort of not being completely sure that you won't get a visit.

However it is incredibly unlikely and of course at the slightest hint of the visit you would inform the solicitors and the police but I'm quite sure the solicitors would waste no time dealing with it and alerting the court and even possibly obtaining an order to prevent him. It would be very risky for him to start visiting

[pumpytums]

Hi BF,

thank you for your help. Much appreciated.

 

[BankFodder]

Thanks but I didn't actually do anything. You found the answer yourself and then were kind enough to let us know.

But thanks anyway.