stevebt

iTrader: (8)

3 years a go i had a RTA and went into the back of some one minor damage but all details were still exchanged, i offered to pay them cash to sort there vehicle out and they agreed 2 hours later i gets a phone call saying the car was worse than they thought (lying scumm) obviously wanted to claim whiplash so i phoned my insurance company that day and told them of my thought of what he would be claiming for.

2 weeks later i get a letter saying that he suffered whiplash(lying scum) i threw the letter away as i thought its the insurance companies problem

3 years down the line ive just received a letter from his solicitor saying they dont have my insurance company detail for the claim to proceed so unless i provide them the claim will be against me(to55ers)

the van iwas driving wasnt mine and it was insured for me thru another party, i no longer work for this other party and have no way of finding out what insurance company it was with

but my main thinking is if his car was damaged surely he would of made a claim for his vehicle and there fore his insurers will know who the insurance company was, im thinkiing he has swapped solicitors and the other solicitor hasnt givern the details over to his new solicitors so they are trying it on with me to see how they do

how do i stand in this matter or has anyone had similar experience they can share to help me out

Simon Lau

I'm sure there are a few people on here!

Top

turboman786

Dont know anything about personal injury but if you need any criminal law advice I can help"!

little miss fire

Turboman786

Do you know much about trading standards? Need some advice. Think it is in breach of the Goods & Services Act.

Thanks

T.C

Personal injury is the area of law I work in, so I will try and explain how things work.

Any claim will initially be made against the driver, and in normal circumstances this claim will then be passed to the insurance company for them to deal with. In the case of personal injury, there is not always a need to report it to the insurance company, so quite often they go staright to a law firm and start the ball rolling that way and then add on the cost of any damage and out of pocket expenses to the schedule of damages that it is intended to claim off you.

Whiplash can manifest itself many days after a crash, and although it may have appeared at the time that there was no injury, that does not preclude the possibility, and the specialist medical report that would have been prepared by an independant medical expert will deal with this matter which is called a soft tissue injury.

The claimant then has 3 years from date of injury or date of knowledge to issue proceedings except in the case of juveniles and those incapable of looking after their own affairs in which case limitation does not apply.

At the moment, the claim is directly against you.

What do you do? Well if you don't have details of your old works insurance, then it may be worth speaking to your household insurer and see if you have legal expenses cover. This will and shouldcover you for any claim that is made against you if the claim wins, and it will also cover the cost of any defence you put up.

Your own private car insurance may cover you, but this is something you will have to discuss with them.

If the other side wins, then you will be looking at a compensation settlement of at least £1,000 (solicitors only take on claims of £1K or more unless they are panel solicitors), and because it is over the thousand, this means that legal costs can also be claimed against you, as well as disbursments, out of pocket expenses, and the cost of the CFA insurance which is likely to be in the region of about £800. On top of this interest is then added and back dated to the date of injury and added on an annual basis. You could be looking at total costs in excess of £10,000.

You need legal advice pretty dam quick, and someone who specialises in personal injury law defence work, there are a few out there, but don't leave it as the clock is ticking, and if it gets to court the costs will go up yet again,