Court Claim received from someone re a motor accident

[gazfocus]

A bit sketchy on the details at the moment as this is my mum's court claim that I'm trying to help her with (I'm currently waiting for her to send me a picture of the claim form).

Basically, my mum was involved in an accident about a year ago, the guy that my mum hit slammed his brakes on intentionally to cause my mum to hit him. My mum notified her insurers and sent them photos of his car and her car. My mum opted to not have her car repaired as there was very minimal damage (and no damage bar a scratch to his car). After some time, the insurance company notified my mum that they suspected it was a crash for cash scam and they were dealing with it as such.

Fast forward to today and my mum has received a claim through the small claims court from the other driver (not his insurers) trying to claim £800 from my mum.

She's spoken to her insurance company and they said they've paid his claim out but obviously if my mum doesn't respond to the claim she'll lose by default.

What's the best way to respond do you think? I will post more when I get the picture of the claim form.

[atticus]

your mother needs to get her insurers on to this immediately.

[echat11]

What you could do is Acknowledge Service of the Claim, that gives 28 days to respond in total. All this does is extend the time.

Then as atticus says, send the claim papers to the insurers at the time of the accident. Before you send, photocopy them, so you have a copy. Send them Recorded Delivery, check that the insurers receive them.

[MIKE770]

Acknowledge Claim on line defend all tick then pass to insurers

[gazfocus]

Apologies for the delay in updating this threat but I’ve finally managed to get more details about this from my mum.

I have just found out that it was actually a JUDGMENT IN DEFAULT that she’s received and the claimant has been awarded just under £900 including costs. The judgement says my mum didn’t reply to the original claim and so has been awarded in full.

After speaking to my mum, she has spoken to her insurance company who have stated that they’ve paid the claim in full but the letter from the insurance company are giving my mum 1 month from 2nd August 2022 to pay the claim otherwise she’ll have a ccj on her credit file.

I have tried emailing the claimants solicitor but have not had a reply as yet (I’m not sure they’ll tell me anything but it’s a bit awkward living quite a way from my mum).

I’m conscious that time is running out as if it’s not paid by 2nd September, it will be on her credit file for 6 years so I’m wondering whether to just pay it for her and then fight to get a refund separately.

What would you do?

[DE DOGS]

For the future. Bash for cash, a few months ago we were sitting at traffic lights, car in front, lights turn green, car in front seemed to hesitate, He pulls away, me quickly behind him but suspicious, he brakes hard, I missed him, van right behind me, he strangely missed me, a blink of a wink, car gone + the van gone, notify the insurance, low and behold I am listed as non-fault accident up goes premium by £70.

[echat11]

Send / email the Insurance Company a letter, make sure it has the correct Reference number on it.
In the letter tell them to put the matter on hold for 45 days. Tell them you have authority from
your mother to speak on her behalf (in the meantime you can get a letter of authority sorted). That way
you can investigate what's gone on and what you can do about it.

[gazfocus]

Send / email the Insurance Company a letter, make sure it has the correct Reference number on it.
In the letter tell them to put the matter on hold for 45 days. Tell them you have authority from
your mother to speak on her behalf (in the meantime you can get a letter of authority sorted). That way
you can investigate what's gone on and what you can do about it.

Unfortunately I think it’s too late to postpone anything as any delay beyond the 1 month period will leave my mum with a ccj on her credit file. I can just about afford to pay it off for her while we fight it but I’m trying to find out whether the insurer has already paid it before I hand over nearly £900.

[echat11]

Unfortunately I think it’s too late to postpone anything as any delay beyond the 1 month period will leave my mum with a ccj on her credit file. I can just about afford to pay it off for her while we fight it but I’m trying to find out whether the insurer has already paid it before I hand over nearly £900.

https://www.citizensadvice.org.uk/de...credit-rating/

[Manxman]

gazfocus - sorry but your story doesn't make much sense.

• your mum was involved in a car accident and notified her car insurer so that they could deal with it
• about a year later she discovers that the third party had sued her (apparently without her knowledge) and had won a judgment in default against her
• your mum's insurers are saying that they had already paid out on the third party's claim

Is your mum absolutely sure that she knew nothing about this court case where she lost a default judgment? Is it possible that she did receive papers about it and simply passed them onto her insurers assuming that they would deal with it?

You (or rather your mum) needs to contact her insurers to find out what the hell is going on. In particular she needs to find out the details of the claim that they say they have already paid out (who to, what for, what amount, was it in full settlement of the claim, date of payment). She also needs to find out if they have any knowledge of this court claim that she has apparently lost by default.

It strikes me that what has probably happened is this:

The insurance company has been dealing with this since your mum notified them of the accident During that process they have made some sort of settlement offer to the third party. Your mum's insurer's think that should have settled the matter (and they are probably right) but the third party isn't satisfied with the settlement offer - although it sounds like they've accepted it.

Then I suspect one of two things has probably happened. Either the third party has sued your mum through her insurers, and the insurers have screwed it up by not defending the claim properly in court, or the third party (despite having accepted a settlement) has somehow sued your mum without her knowledge and without the knowledge of her insurers.

She needs to find out from her insurers everything that they know about this. Either they are at fault for not defending it properly or the third party is dishonestly trying to have his cake and eat it by accepting the insurance settlement and then suing your mother separately.

I suppose she also needs to find out from the court exactly what has happened here. I don't know how but I presume she could ask the court. She should ask CAB or a friendly solicitor for advice.

She needs to get the default judgment set aside ASAP without risking a CCJ.

Might be best to get professional paid for legal advice. Does her insurance provide free legal cover and advice?

[dslippy]

Just what has happened is difficult to say but I agree that the story as related does not quite sdd up.
The core of this lies in what has happened between the court and the insurers. The need is to get it sorted quickly.