Third party making court claim after car accident?

[0011728]

A relative of a friend of mine had a car accident and was at fault. Allegedly the third party refused to give any personal details at the time. My friends relative informed his insurance and waited for the next communications. The insurance have not been contacted by the third parties insurance BUT the relative then received court papers to appear at Northamption Magistrates court - or so my mate states. When he informed his insurance they advised him to ignore the court letter. Firstly:

1. Why would a third party not go through his insurance for an accident that was not their fault?
2. Can they make a court claim like this?

I know I don;t have any details as such and it is hearsay off my mate but has anybody got any advice I can pass on? Wouldn't have thought ignoring court papers to appear in court is good advice.

[Amethyst]

Re: Third party making court claim after car accident?

Don't ignore the court letter - and the insurance company need a ticking off if that's what they advised him to do. He must deal with it.

Magistrates court is criminal ? I'm guessing it isn't that, but is a civil claim bought via Northampton County Court Business Centre. If it is a magistrates notice to appear in court that most definitely needs dealing with.

Has your friends insurance company checked that the other party actually HAD insurance ? Might explain why he didn't give any details and why he is trying to make a private civil claim now ( if that is what it is)

He should speak to his insurers again and if possible get a copy of the court papers to you so you can see exactly what it is.

[des8]

Re: Third party making court claim after car accident?

If the insurers don't play ball he will probably need to make a counter claim against that company for indemnity after applying to the court for permission to add them as an additional party (CPR Part 20 www.justice.gov.uk/courts/procedure-rules/civil/rules/part20)

(Assuming it is a civil case)