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Old Jan 15, 2011 | 04:55 PM
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Default Motoring Accident Question?

All,

Just wanted to see if anyone had any direct experience.

I was crashed into in Feb last year by a female driver, the other party refuted entirely, to the extent that my insurance company took her and her insurance company to court to recover costs.

The judge found entirely in my favour and her insurance company paid out in full for total loss.

I have just had a courts claim by her husband who wasn't even in the car, wording is that I drove into their car.

Is he just trying it on? it isn't with the law firm that represented their insurance company so i'm wondering if he has gone with one of these "no-win, no-fee" firms.

Surely as it's been ruled in a county court and not been appealed, then they haven't got a leg to stand on?

Cheers

Steve
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Old Jan 15, 2011 | 05:00 PM
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phone your insurance company asap that you was with and let them sort it out tell them he wasnt even at the accident and you think he is trying it on which to be honest does sound like he is prob carnt get insurance anymore lol
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Old Jan 15, 2011 | 05:05 PM
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also speak with local c.a.b and also ur solicitor, i doubt he has any claim to anything now,
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Old Jan 15, 2011 | 05:09 PM
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if there is no record of him being involved in the crash and its on record as you were wre the one that was hit by the other driver then there isnt a claim to persue
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Old Jan 15, 2011 | 05:44 PM
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I think I might ask my insurance company to go after him fro attempted fraud too.
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Old Jan 15, 2011 | 05:44 PM
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Originally Posted by SteveV-WRX
All,

Just wanted to see if anyone had any direct experience.

I was crashed into in Feb last year by a female driver, the other party refuted entirely, to the extent that my insurance company took her and her insurance company to court to recover costs.

The judge found entirely in my favour and her insurance company paid out in full for total loss.

I have just had a courts claim by her husband who wasn't even in the car, wording is that I drove into their car.

Is he just trying it on? it isn't with the law firm that represented their insurance company so i'm wondering if he has gone with one of these "no-win, no-fee" firms.

Surely as it's been ruled in a county court and not been appealed, then they haven't got a leg to stand on?

Cheers

Steve
Hi Steve.

I'm an insurance advisor.

Not much to say really. Just send the correspondnce you have to your insurers and they shall action same. Try to find their claim reference number and quote this to avoid it going down a black hole.

I'm not clear from what you say whether you have received court papers (actually marked "County Court Claim Form") or just a letter from the third party solicitors pursuing the claim> If it's the former, you need to act immediatetly to ensure your insurers can appoint solicitors to act on your behlf.

As you say, if the matter went to court before then I can't see them being successful - seems odd.

Andy
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Old Jan 15, 2011 | 06:37 PM
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I would imagine the insurers will help you sort this with their legal department. I was involved in a prang a few years ago where a car driver decided she'd dive into a turning head that I was reversing a reasonably sized heavy vehicle into. The outcome of which was the entire front end of a rather chavved up sierra ended up wrapped very tightly around the engine on one side. It was clearly that driver's fault and from my point of view unfortunate, because whilst I was checking nearside mirrors she whipped in behind from my off side, so when I looked in that mirror all I got was a great view of the car folding up.

Anyways, after exchanging details with her, the husband turned up and saw I was driving a company vehicle and tried to convince me that it would be no skin off my nose, if I could perhaps say I was at fault and then they could claim off my company insurance. I said no way Hosea, at which point he tried the intimidation route which brought out my sarcastic side in a big way. I then left the scene of the accident and a few weeks later started getting intimidating phone calls from the husband and threats of court action from some back street solicitors. I got in touch with the insures who were covering me at the time and they sorted the tw@t out in no uncertain terms. Oops that's a long winded reply lol.

All the best getting it sorted

Tim

Last edited by awdx4; Jan 15, 2011 at 06:40 PM.
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Old Jan 15, 2011 | 06:47 PM
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They may have decided to try and push it privatley through their own solicitors.....Certainly get hold of your insurers ASAP which is now, and seriously dont lose any sleep over it mate....I cant see even a "no win no fee" comapny taking on a case thats already once been lost, but if you instruct a private solicitors they will do whatever you pay them for...nothing to worry about for me mate, good luck with it all, let us know how this progresses!
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Old Jan 15, 2011 | 08:19 PM
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what a pair of arseholes :/
i was driven into whilst turning off the main road into my driveway
some older more careful/safer driver obviously..
lucky for me (i was 19 at the time) i had some excopper as a witness, and it was chucked out as my fault and he and his insurance paid it all

i didnt have legal cover so had to chase up my excess with his insurance company which was an **** also..

anyhow a few weeks after it was settled i got some no-win no-fee thing thru in the post, i just ignored it
duno how they got my details etc? wonder if they somehow trawl accidents and chase ppl up afterwards?

found out later on that the old bloke (who conviently had a fainting fit and had an ambulance come whilst i ended up getting breath tested... ) had told his insurers that i was weaving all over the show in the road o.0
thank god for witnesses all id probaly have been stung for it all :|
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