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Thread: Court after car accident

  1. #1
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    Default Court after car accident

    I had a crash in a car back in October 2008 involving 4 cars and me being the 4th. The cars had already hit however I hit the last one on a bend in foggy conditions and the car in front did not have fog lights on...no excuse I know

    Anyhow I hit a corsa that had hit a mondeo that had hit a jag. The police turned up took details and that was the end of it. I put a new front end on my car the corsa was a write off and the mondeo had cracked bumpers and the jag was unscathed.

    Everything went quiet and then in August of this year I get a letter off the guy with the mondeo solicitor sating that I was being sued for £3500 after my neglectful driving that caused the accident and that it was obvious I was driving with excessive speed and undue care and attention. I reported this to my insurance company who said nobody had amitted liability and that if the police did not prosecute they could not legally assume this.

    Since then I have had endless letters and summons from the court and his solicitors and the last one was today stating my insurance company had not paid the money owed (£3500) and therefore it was down to me to pay it within 7 days or the bailiffs will be sent round (And they will leave with my foot up their backside)

    I have never accepted liability never made a claim the woman in the corsa never made a claim and as far as I,m aware only the guy in the mondeo has made a claim directly against me.

    Is this down to me to resolve? Surely my insurance company should be dealing with this? They seem to not really care and I have been told they have not really looked into it yet!

    What do you guys think?

  2. #2
    Ex Vec-C Admin Deztroyer's Avatar
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    if you have legal cover then pass all of the information onto the necessary party involved for them to deal
    if not ask them to prove how you casued the damage when the car had been struck from behind by another vehicle (a corsa) and that the road had been obstructed by their driver who then made no attempts to prevent further accidents by alerting other road users to HIS MISTAKE

    i would imagine if you search for his Legal reprasentative it will be tied up to a where theres a blame theres a claim company - who should be reported to the insurance ombudsman

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  4. #4
    Regular Member Fruit'n'nut's Avatar
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    Default

    Quote Originally Posted by the_wave_rider View Post
    Is this down to me to resolve?


    Yes, but only in so far as you need to confirm what level of legal cover you have through your insurance policy, then you need to (repeatedly) chase up your insurer, and if possible also speak to whichever solicitor they are using on your behalf.

    It's unfortunate as it shouldn't work like this, but IME you can't afford not to be proactive in your own defence.

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    Default

    Clutching at straws on their part me thinks - just to clarify;

    You were the last in a line of 4 cars to hit, you being the 4th? You didnt hit the mondeo?

    Had the car infront of you (corsa) already hit the mondeo?

    Im sure theres some rule that even though the guy behind is always to blame, if a car is "sandwiched", so the car in the middle is hit from behind and shunts the car infront, the claim can go directly between the outside most cars, i could be wrong though.

    As said, get details of the legal company being used on your part, advise solicitors of other party that all correspondance must go through them.

  6. #6
    Admin & Membership Manager bigmac's Avatar
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    Default

    Think it all depends on what the corsa driver has said coz they could of said they stopped short of mondeo and then you rammed them and forced them into it

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    I hit a car once that had already hit one which had hit another, My insurance paid the lot as they all said I shunted them into another! I hadn't the accident had already happened

    pass it onto your insurance company at the time, its up to them to deal with imo.
    Now I need a turbo to keep up!

  8. #8
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    surely it'd be the Corsa's liability for not leaving a safe distance between him and the mondeo? I'm not surprised your insurance didn't pay out to him since your car never made contact with him. Definitely deal with the court summons, don't ignore it. Speak to your insurance and as said above, find out what level of legal cover you have.

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    They are just putting presure on you to get your insurance to pay, they know that if they hassle you, you will in turn hassle the insurance company, so it gets things moving for them.

    If you have motor legal cover then it's down to your insurance company, just pass it on to them, I wouldn't contact the "no win no fee" mob who are hassling you directly, leave it to your insurance company to sort out.

    Would be nice to see a change in the law where people like the mondeo driver could be done for fraud, would soon put an end to this type of bogus claim.

    Maybe if you have the details of the person making the claim you could tell him what an idiot he is.

    Frenchman

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    Trim : SXi

    Engine : 2.2


    Default

    I,ve contacted the court numerous times and advised them my insurance company are dealing with it. They have not paid anything out to anyone and have said they will dispute the case however they seem to be dragging their heels on it as I,m no longer with them it feels like "We,ll deal with when we are ready"

    Thanks for all the comments and yes I was the 4th car and the others had already hit but like bigmac says she may have said she stopped short.

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