Small claim against us, after car accident.

[Obelix 11]

I think it's totally normal for the claim to be against the driver. And this is exactly why you have insurance. A judgement in small claims against you isn't a CCJ or something. If your insurer forgets to defend it, then they'll have made themselves liable to pay it. Not that they will forget, this is what they do.

 

Er a small claims judgement is a CCJ - they are the exact same thing. A County Court Judgement is issued at the end of a small claim track hearing in the County Court.

 

If it's not paid within 28 days then it will be registered and then that stays on your file for 6 years. But if you lose and it's settled before that it never appears on your credit record and you dont have to worry. As you say - this is one reason you have insurance...

[alchresearch 214]

My only concern with forwarding the claim on to moms insurer, is that the claim is directly against my mom. If her insurer misplaces or forgets about the claim form, a judgement will be entered against my mom.

 

Send recorded delivery, with a covering letter asking for written confirmation of receipt.

 

Send copies of both back to whoever contacted your mum and tell them to deal directly with her insurers and not her direct.

[Cyclone 10]

Er a small claims judgement is a CCJ - they are the exact same thing. A County Court Judgement is issued at the end of a small claim track hearing in the County Court.

 

If it's not paid within 28 days then it will be registered and then that stays on your file for 6 years. But if you lose and it's settled before that it never appears on your credit record and you dont have to worry. As you say - this is one reason you have insurance...

 

Ah, okay, my mistake. You don't get a registered CCJ if you pay it promptly. Good enough.

[Waldo 96]

Great advice everyone, mucho appreciated!

 

Send recorded delivery, with a covering letter asking for written confirmation of receipt.

 

Send copies of both back to whoever contacted your mum and tell them to deal directly with her insurers and not her direct.

 

So, just to check, recorded delivery to:

 

1. Our insurers: send claim form, and cover letter, request for confirmation of receipt etc. Will also Email same, scanned; and request confirmation of receipt.

 

2. Claimant's legal representative: send copy of response from our insurance company, and cover letter requesting them to direct correspondence to our insurance company.

 

3. Is it worth sending any response to the court?

[Obelix 11]

Great advice everyone, mucho appreciated!

 

 

 

So, just to check, recorded delivery to:

 

1. Our insurers: send claim form, and cover letter, request for confirmation of receipt etc. Will also Email same, scanned; and request confirmation of receipt.

 

2. Claimant's legal representative: send copy of response from our insurance company, and cover letter requesting them to direct correspondence to our insurance company.

 

3. Is it worth sending any response to the court?

 

Just send it to your insurers (ring the claim line first and take directions from them ideally. Sending it recorded delivery is probably a poor idea as they might not be set up to receive that as easily).

 

Your insurers will take over the claim and will deal with all the paperwork I'd expect, including dealing with the court.

[Coops42 10]

Does this not all depend on whether you have opted to take out the additional legal cover on the policy ? Normally this is a separate charge which covers you for recovery of excess and any other indirect costs. If this is a fault accident and there is no legal cover in place you will have to defend this at your own cost.

[Obelix 11]

No you don't. You are always insured against third party risks so if they are taking you to court then you will be defended by the insurers - if only because if you lose the insurers have to pay out! It's eminently in the insurers interest to defend this claim.

 

Legal cover is of use if you wish to take another party to court, where they wont have insurance for whatever reason.

[willman 10]

We had a similar issue where the accident was minimal, my wife brushed his wheel with the bumper of our car as she pulled in front of him.

He was an ass at the time ,so my wife rang me to go and look. Damage was minimal, my wife had a bit of rubber on her bumper but he was kicking off about track rods and steering racks.

A month or two later i had similar communication as the op followed by a letter and call from my insurers solicitors who were defending the alleged claim. Gave them a full verbal report i think they even viewed the site and never heard anything since.

[Cyclone 10]

Does this not all depend on whether you have opted to take out the additional legal cover on the policy ? Normally this is a separate charge which covers you for recovery of excess and any other indirect costs. If this is a fault accident and there is no legal cover in place you will have to defend this at your own cost.

 

No, that's not correct.

This isn't the OP needing to launch legal proceedings, this entirely business as usual between insurance companies when neither admits liability or they dispute the cost of the damage.

[Bikertec 12]

Just received a letter saying a third party are taking proceeding against me for a traffic accident 2 years go for over £4000. The Accident at the time was deemed 50/50 and sorted out by our insurance companies. What do I need to do now.

[Cyclone 10]

Pass it on to whoever your insurance company was at the time.

[Waldo 96]

The thing that concerns me about this (passing it on to insurance company), is that the claim is against you personally, so if something goes wrong...

 

You could end up with a judgement against you? (because you didn't defend it, or even acknowledge service)

 

What's to stop that from happening?