Being Sued Following Car "Accident"!

[CleverClogs]

Re: Being Sued Following Car

The next question is have you seen the witness statement? I would look at the witness statement and see if there is anything that does not look correct since sometimes, people's memory of events will be a lot less clear as time goes on.

Not quite, as that always happens to everyone because of the way human memory works; gaps will form in the memory or details will be omitted, which the subconscious mind may try to fill in with guesses.

The next question is how did this witness come forward? Was it on the day or was it weeks after the event?

And how soon after the alleged accident was a statement taken from this alleged witness?

What reason do they have to come forward.

And are they associated to the driver of either motor car in any way?

I still believe that the crash was staged, with the driver of the car that was damaged - or the "eye witness" somehow signalling to the driver of the parked vehicle when the crash car was in the right position. Apart from sheer stupidity (which, alas, is commonplace in UK motorists) why else should a driver pull their vehicle away from the kerb without checking that it was safe so to do?

Calling the parked car "A", the scam victim's car "B" and the crash car "C", we have the following:

1. If car A fails to brake or swerve, car A will hit car B; the "witness" will state that car B was speeding
2. If car B does brake, there is a fair chance that it will still hit car A and car C will side-swipe car B; the "witness" will state that car B was speeding and that ir was being driven erratically as if the driver was intoxicated.
3. If car B avoids a collision with car A, there may be a minor side swipe with car C, which will then swerve violently to hit either another car, a lamp-post or a street sign.

If you haven't asked the question on this business forum then I would do as they would probably be less likely to give you answers that you may not like:
Legal - UK Business Forums

One might wonder how the other users of those forums would react, were bh to respond as s/he has done here.

[Esio Trot]

Re: Being Sued Following Car "Accident"!

The company is being wound up.

Until is is wound up, it is a legal entity in its own right. In effect it is a separate person to the OP. When the winding up is done, it is the same as if someone dies: if there is no estate, then the debt dies with the person.

Let the insurer's lawyer know the company is being wound up, as they will make sure that they use appropriate delaying tactics till the company dies.

[serenita11]

Re: Being Sued Following Car "Accident"!

Good morning.
I'd really appreciate a bit of help with the following as they're are some areas causing me confusion that I hope someone might be able to shed some light on.

The Limited company of which I am the sole Director is being sued by a third party with whom I was involved in an accident in October last year.

(without going into too much detail - I was driving along a 30 mph urban side street, the third part attempted to overtake me at speed. At that point a car parked on the left and facing against traffic nudged out of a line of parked cars. I drove around the car. The third party drove off the road to the right to avoid me and apparently collided with some street furniture. He then pursued and threatened me. So there can't have been much wrong with his car).

So, my insurers denied liability. I was awarded a year's no-claims discount. However the renewal in February this year was such that I left them for a more competitive insurer.

I have had contact from my old insurer's lawyers stating that the third party has begun proceedings against my limited company.

The amount they are claiming is almost a 5 figure sum for almost 3 weeks of car rental.

The lawyers instructed by my old insurance company are acting for my Limited Company.

The third party claims to have an independent witness.

My question is this

Secondly, I applied to wind up my company some months ago. This hasn't yet been completed.

If the company is wound up and judgement is entered against it, either before or after it is wound up, is there a situation where the Director's of that limited company can be held personally liable for payment?

I have told the car accident lawyer bakersfield that an application for the company to be wound up has been entered but has not yet been completed.

Any help gratefully received!

Thank you as always in advance.

If in view of the fact that the third party has a witness and I don't, judgement goes against my limited company, would my company also be liable for the cost of the incurred by the lawyers which my insurance appointed ---Yes I think so.