RTA Claim - Part 8 Claim

[HilaryDavies]

Hello
I have received a Part 8 claim valued around 15000, i did not use my insurance firm and they wont help me
There is a substantial dispute of the facts
Am i right in thinking i need to return the acknowledgement form advising the court its a disputed claim (on the facts) and ask the claim be transferred to a Part 7 claim
Thanks
Hilary

[HilaryDavies]

Anyone.....

[des8]

You respond by completing section D of the acknowledgement form N210.
On receipt of your acknowledgement the court will decide whether or not the case continues as Part 8.
You shouldn't have to request this, but it won't hurt!


As a matter of interest why are your insurers refusing to handle this third party claim?

[HilaryDavies]

Thanks
My husband said my damage to my own car wasnt worth it. So we never made a claim

[des8]

Whilst there might have been a delay in you notifying your insurers of the incident, I do not believe they can refuse to deal with a third party claim.
IMO you should send (recorded and email due to postal disruption) the papers (after taking a copy) to your insurer insisting they deal with the matter

If this is a claim for personal Injury, has the claimant complied with the relevant pre action protocol?

As the claim is for £15,000 any court action will be allocated to the fast track, at which point costs become of concern so you might need professional advice

Tagging dslippy & atticus

[des8]

Whilst there might have been a delay in you notifying your insurers of the incident, I do not believe they can refuse to deal with a third party claim.
IMO you should send (recorded and email due to postal disruption) the papers (after taking a copy) to your insurer insisting they deal with the matter

If this is a claim for personal Injury, has the claimant complied with the relevant pre action protocol?

As the claim is for £15,000 any court action will be allocated to the fast track, at which point costs become of concern so you might need professional advice

Tagging dslippy & atticus

PS just adding, that altho' sending to insurers, do not fail to comply with court directions and timelines until you know for sure that your insurers are dealing with the matter

[atticus]

If there is a significant factual dispute, the Part 8 procedure should not be used. The procedure for disputing this is in CPR 8.8 https://www.justice.gov.uk/courts/pr...les/part08#8.8

Notify your insurers!