Non fault Insurance Claim - Going to court

[ljrees83]

Morning everyone!

I had a RTA in October 2014 - i was pulling into a corner and the lady on the otherside of the road took the corner too wide and crashed into me, pushing me onto the verge. At the scene she admitted liability as she had been bitten on the leg by a bug (!) and we exchanged details. I also took the details of an independent witness.

I required 9 months of physio, had to pay my excess, also had 2 weeks off of work, had to replace car seat etc.

I processed the repairs etc through my insurance company who obviously then got in touch with her insurers, which at that point they denied liability. It has been going on now for over a year so my solicitor has taken the other party to court. With an independent witness and the engineers report stating that this was non fault due to the areas of damage on both vehicles.

Anyway, the court case has been sent and her insurance company have acknowledged the claim. I got the following email yesterday from my solicitor -

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

Does anyone know what the next steps are and the chances of the court ruling in my favor? The other party are over 20 days late in submitting a defence.

Many Thanks

[ljrees83]

Court advice required - Car crash claim

Morning everyone!

I had a RTA in October 2014 - i was pulling into a corner and the lady on the otherside of the road took the corner too wide and crashed into me, pushing me onto the verge. At the scene she admitted liability as she had been bitten on the leg by a bug (!) and we exchanged details. I also took the details of an independent witness.

I required 9 months of physio, had to pay my excess, also had 2 weeks off of work, had to replace car seat etc.

I processed the repairs etc through my insurance company who obviously then got in touch with her insurers, which at that point they denied liability. It has been going on now for over a year so my solicitor has taken the other party to court. With an independent witness and the engineers report stating that this was non fault due to the areas of damage on both vehicles.

Anyway, the court case has been sent and her insurance company have acknowledged the claim. I got the following email yesterday from my solicitor -

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

Does anyone know what the next steps are and the chances of the court ruling in my favor? The other party are over 20 days late in submitting a defence.

Many Thanks

[des8]

Re: Non fault Insurance Claim - Going to court

On the basis your solicitor has applied for a part 12 default judgement, your chances of getting it are pretty good.
Hopefully he has specified a date for payment of the judgement, and the claim was for a specified sum, and not for the court to decide.

[ljrees83]

Re: Non fault Insurance Claim - Going to court

I have lots of questions for my solicitor. I did call her yesterday and was told that it is good news providing the court rule on the judgement. She just said she would be in touch. I will call today and ask her for specific amounts etc.

[Openlaw15]

Re: Non fault Insurance Claim - Going to court

Morning everyone!

I had a RTA in October 2014 - i was pulling into a corner and the lady on the otherside of the road took the corner too wide and crashed into me, pushing me onto the verge. At the scene she admitted liability as she had been bitten on the leg by a bug (!) and we exchanged details. I also took the details of an independent witness.

I required 9 months of physio, had to pay my excess, also had 2 weeks off of work, had to replace car seat etc.

I processed the repairs etc through my insurance company who obviously then got in touch with her insurers, which at that point they denied liability. It has been going on now for over a year so my solicitor has taken the other party to court. With an independent witness and the engineers report stating that this was non fault due to the areas of damage on both vehicles.

Anyway, the court case has been sent and her insurance company have acknowledged the claim. I got the following email yesterday from my solicitor -

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

We have not yet received a Defence from the other side's representative. When have therefore, requested the Court enter judgement in your favour. I will further update you in due course.

Does anyone know what the next steps are and the chances of the court ruling in my favor? The other party are over 20 days late in submitting a defence.

Many Thanks

How could they (the opponent's insurers) deny liability if the driver admitted it was their fault (ie breach of duty) and there were independent witnesses and expert witness. It does not matter whether the insurance wants to admit liability, it was clearly not your fault so the rule is the opponent's insurers pay out for all losses.

[ostell]

Re: Court advice required - Car crash claim

If no defence or acknowledgement submitted within the time frame, usually 28 days from service and acknowledged, then the claimant can ask for judgement to be made. It will be the favour of the claimant. The court don't normally have to make a decision.

[ljrees83]

Re: Non fault Insurance Claim - Going to court

Ok so it looks as thought the judgement will be granted? Do the court decide on a figure or is it the figure we submitted?

[des8]

Re: Non fault Insurance Claim - Going to court

the sum you specified

[ljrees83]

Re: Non fault Insurance Claim - Going to court

Have just heard that a default judgement has been entered in the absence of a defence. Do you think this is something the court will set aside?

[des8]

Re: Non fault Insurance Claim - Going to court

Congratulations.
Do you have reason to suppose the other side will apply for set aside?

They would need to show reason for not responding to claim, and a strong possibility of winning in the event of a rerun.

[ljrees83]

Re: Non fault Insurance Claim - Going to court

Thank you!

My solicitor thinks they may apply for it as they didn't file the defence in time, however it looks like I have a strong case against her due to witnesses.

Do you know what the process will be from now and roughly how long it will take?

[des8]

Re: Non fault Insurance Claim - Going to court

An application for set aside has to be made promptly, but that is not defined!
You will be sent a copy of the application, if one is made.

[ljrees83]

Re: Non fault Insurance Claim - Going to court

Lovely thank you so much. Fingers crossed she doesn't! I'll keep you updated.

[ljrees83]

Re: Non fault Insurance Claim - Going to court

Update - they have applied to have the judgement set aside, which my solicitor has agreed with.
they are now disputing small details like receipts for prescription charges etc. Does anyone know why they would be doing this?
The hearing that was set for 29th June has been cancelled as judgement has been set aside.

[des8]

Re: Non fault Insurance Claim - Going to court

Obviously they are challenging the amount claimed, hence the dispute over charges.
I'd be more interested in knowing the reason for the delay in requesting set aside, and what their defence is!