Bumble
|
 posted on 10/11/10 at 06:25 PM |
|
|
Advice Please....Personal Injury Claim!!
Hi all, I'm after some advice please. My brother in Law had an accident in a classic VW Beetle (1969). The car was insured fully comp on
restricted annual mileage via Chaucer. The accident was a head on in a narrow country lane and happened just over 14 months ago. The insurance
companies agreed 50:50 liability and settled accordingly. The VW was a write off.
This morning a Claim arrived from the small claims court from Norwich County Court from the other driver for personal injury (whiplash), associated
costs for treatment (physio) and also seeking compensation for the excess he had to pay out on his insurance and Loss of earnings through time off
work as a result. Claim is staed as not leass than £5K and not more than £15K.
As the VW was written off the policy no longer exists but my Brother in Law spoke to the insurance broker who said he is not covered as he did not
take out the optional legal cover on his policy. Can someone please explain this to me as I thought that this should all have been dealt with by the
insurance companies that have already agreed 50:50 liability and setled accordingly?? The claim also says that it was his fault, in that he was
driving too fast, without due care and attention etc etc etc - sadly I've been invloved in several PI claims through work most if which are made
by chancers but Ins companies rubber stamp and pay out as they are too costly to defend so much of what they say is Bo*****s!
This has scared the Bejeesus out of my brother in law who has only been back in work 9 months having been made redundant, has a wife and 4 week old
baby to support as well as a mortgage. I've told him to go tomorrow armed with all info to a Solicitor for advice.
Anyone got any experience of this and care to take the time to explain this to me.
Thanks in advance.
Matt
|
|
|
|
|
tegwin
|
| posted on 10/11/10 at 06:29 PM |
|
|
If its 50:50 blame, can he not file an identical claim thus cancelling it out?!??
------------------------------------------------------------------------------------------------------------------------
Would the last person who leaves the country please switch off the lights and close the door!
www.verticalhorizonsmedia.tv
|
|
|
JoelP
|
| posted on 10/11/10 at 06:34 PM |
|
|
the insurance company is talking nonsense. Of course they are liable to any expense arising from the incident. Country lane incidents are often 50/50
due to the absense of a white line. Assuming he hasnt been prosecuted for due care and attention, the allegations are totally unfounded.
Whilst seeking legal advice is the best bet, i would reply something like 'total nonsense, see you in court'.
Beware! Bourettes is binfectious.
|
|
|
GMPMotorsport
|
| posted on 10/11/10 at 06:37 PM |
|
|
quote:
Originally posted by JoelP
the insurance company is talking nonsense. Of course they are liable to any expense arising from the incident. Country lane incidents are often 50/50
due to the absense of a white line. Assuming he hasnt been prosecuted for due care and attention, the allegations are totally unfounded.
Whilst seeking legal advice is the best bet, i would reply something like 'total nonsense, see you in court'.
Totally agree, if it's settled as a 50/50 then thats the end of it.
www.gmpdevelopments.co.uk
www.gmpmotorsport.co.uk
ARDS Instructer.
|
|
|
Rek
|
| posted on 10/11/10 at 06:53 PM |
|
|
The third party cover in place at the time of the accident would cover any claims arising from it. He absolutely must respond though as I’m aware of
companies now making late claims which are won by default when the respondent does nothing... Approach the insurance company whom the policy was held
with as they will carry liability...
|
|
|
r1_pete
|
| posted on 10/11/10 at 07:49 PM |
|
|
He must talk to the insurance company, if the claim was settled 50/50 then that it is, SETTLED, the 3rd party is pulling a fast one and has probably
lied to someone along the way regarding liability.
No lawyer knowing the facts, and the 50/50 settlement would take the case on, or is the clim via the small claims court? in which case presenting
evidence to the court that the case was settled will quash it.
Sorry missed the small claims bit in the OP, but I thought small claims upper limit is £5K, or it was 3 years ago when I was involved with it, and you
don't need a lawyer to initiate it.
[Edited on 10/11/10 by r1_pete]
[Edited on 10/11/10 by r1_pete]
|
|
|
Bumble
|
| posted on 10/11/10 at 08:11 PM |
|
|
Thanks to everyone for their replies. I since advised my brother to get on touch with the Insurance company (not the broker) and discuss the issue
with them as in my experience this should definately be covered by his insurance policy in place with them at them.
I have spoken to him again regarding the clain and yes it is via the Small Claims Court although has been drawn up a solicitor (Minster Law Ltd).
Liability fr the Accident was agreed by both Ins Companies and settled as 50:50. At ht etime no claim was made (that we are aware of) for whiplash.
The particulars of the claim state that whilst not immediate, after several days the claimant sufferred pain his neck & shoulders requiring
physiotherapy and painkillers. This is where the Personal Injury claim comes from. Surely this should have been settled by his own Insurance on a
50:50 liability not through a claim via the small claims court?? I suspect his Ins have rejected his claim and now he is chancing his arm to claim
from my brother.
Thought's on this would be welcome.
Thanks again to all......LCB is an amazing site that never ceases to amaze me car related or otherwise!!
Matt
|
|
|
Liam
|
| posted on 10/11/10 at 08:11 PM |
|
|
Not sure it's necessarily anything to do with either of the motor insurance companies. Other driver is just trying it on with a bogus small
claims court claim for PI/etc by the sounds of it, and seems to be lying about the original incident anyway. Surely it wont get anywhere near a court
when they find out the incident giving rise to the claim for PI/etc was a 50:50 fault incident?? Get some advice, but I wouldn't worry about it.
What a load of bollards. Keep us updated!
[Edited on 10/11/10 by Liam]
|
|
|
r1_pete
|
| posted on 10/11/10 at 08:25 PM |
|
|
quote:
Originally posted by Liam
Not sure it's necessarily anything to do with either of the motor insurance companies.
[Edited on 10/11/10 by Liam]
It is, as at the time of the accident they were paid to cover the risk of accident and any resulting injury to occupants or third parties.
By all means take legal advice, but he should also respond to the court, which he needs to do in 14 days anyway, with any evidence he plans to
produce. I've just been discussing with SWMBO, she handled our case, if he has the settlement documents, send them copies of those. The court
papers will detail what he needs to do, just don't ignore it.
|
|
|
MakeEverything
|
| posted on 10/11/10 at 08:52 PM |
|
|
My course of action would be this;
- Seek advice from a small claims solicitor. Should cost no more than £100.
- Contact the insurance company directly and pass the details to them.
- Respond to the letter without prejudice, with details of the settlement, and mention that his allegations of speeding etc should be withdrawn as
they are unfounded and slanderous, which will be met with further action unless proven.
- Go to court to find out more details. You are entitled to some time to gather further information and advice.
- Build a case for counter claim for Slander or defamation of Character following no prosecution from the police regarding the accident.
Kindest Regards,
Richard.
...You can make it foolProof, but youll never make it Idiot Proof!...
|
|
|
l0rd
|
| posted on 10/11/10 at 10:48 PM |
|
|
He needs to take some advice from a solicitor.
If the insurance has settled the accident, they can do nothing about it. If the other party was happy with the initial setlement and accepted it, they
cannot ask for more money.
|
|
|
snakebelly
|
| posted on 11/11/10 at 07:25 AM |
|
|
googling minster law ltd makes interesting reading, right shower by all accounts. And yes the insurers at the time should deal with this although they
may try and deny it.
|
|
|
mad4x4
|
| posted on 11/11/10 at 12:39 PM |
|
|
1) Yeah seek Legal Advice
2) Speak to your Insurance - you have 3rd party liability cover as part of the motor insurance policy active on the day of the accident.
3) What ever you do you have to repsond, these things have a nasty habit of not going away if you ignore them, but respond via a solicitor or through
your insurance.
4) ANY letters you send keep copies and send by RECORDED POST (email for speed but back up with a hard copy always!)
Scot's do it better in Kilts.
MK INDY's Don't Self Centre Regardless of MK Setting !
|
|
|
