Car accident sorted but other party is taking me to court please help

[skittyjelly]

Hello to all,

In May of this year I had a car accident on a roundabout with a taxi driver. my car insurance company said it would be a 50/50 claim. I've had my car repaired and paid the excess. I've now received a court summons which I am going to dispute... please advise my next course of action.

[2222]

If what you term a summons is a civil claim from the taxi driver, then pass it to your insurers to deal with. If it's for a criminal prosecution, that's a different matter.

However, when did you receive this summons? Within the last couple of days?

[skittyjelly]

Yesterday I received the letter. The taxi driver is claiming for whiplash and the expense of him using a hire car for 91 days at a day rate of £105

[2222]

Yesterday I received the letter. The taxi driver is claiming for whiplash and the expense of him using a hire car for 91 days at a day rate of £105

That's termed a claim, not a summons. Send it all straight away to your insurers. It's their problem, fortunately.

It's up to them whether to dispute it, and you MUST NOT interfere, although you can tell your insurers.what you think about it.

As proceedings have been issued your insurers have a short time to send in an acknowledgement of service of the claim, so do point this out to them and be insistent that they deal with it pronto. I think you'll find that they are dab hands at it.

[Peridot]

Hi SkittyJelly,

Please don't panic. From the sounds of it this may just be a letter stating that the taxi driver is claiming for whiplash & car hire? It shouldn't be necessary for a claim to be issued in the Court particularly as the accident only occurred in May this year so is nowhere near the end of limitation (being 3 years from the date of the accident).

Whatever it is, whether a letter before claim, an RTA claims portal package or a Court Claim form as 2222 said, you need to get this to your insurers to deal with. Before any claim is settled he'll have to produce medical evidence and supporting evidence of expenses. Your insurers will be well versed in these sorts of claims but I would remind them they previously agreed a 50/50 split on liability, as far as the circumstances of the accident were concerned. Therefore the liability for any injury sustained should be dealt with in the same manner ie 50% of the claim settled by your insurer, if the injuries are proved.

It would be unusual for what would be classed a low value personal injury claim to not be dealt with over the Claims Portal but in any event your insurers should deal with this, so get the paperwork (whatever it is) to your insurers asap.