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RTC Leads To Litigation

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  • #1

    RTC Leads To Litigation

    Hello,

    I was involved in an RTC in January. I came round a sharp corner and the tarmac changes to cobbles. The cobbles were icy and I slipped less than 2 foot at max & hit a vehicle illegally parked on double yellow lines. When I slid my front near side corner hit her rear offside alloy wheel & she had a slight mark on the alloy only.
    I realize that I hit them, which according to my insurance company, was my fault.
    While that may be the case. What is the point of having no parking zones to prevent this type of accident. It is a tight corner and why should the illegally parked car be allowed to be blameless?

    Now to my issue. I received a Simple Procedure Notice Of Claim last week from the local court. She is suing me for £4267.38 using a No win, No fee solicitor. She went through Kindertons Accident Management. The car I hit was a Volvo XC90. She says she had to hire a Mercedes GL350 for 10 days from Kindertons. the hire charges included collection and delivery charges and an excess reduction waiver. My insurance company paid £982.02.
    She is suing me claiming my breach of duties at common law.

    I have tried to get Legal Aid, but no solicitor is willing to help through Legal Aid. I can't afford to hire a solicitor to defend this.

    I thought if you have car insurance you are covered. When I take out insurance I always take the replacement car option if the vehicle is involved in an accident. It costs extra, but gives you peace of mind. Why should I pay for her greed. I had legal cover, but I am no longer with that insurer as they wanted to double my insurance at renewal.

    Any help with this issue would be appreciated as it had been a very stressful 2 weeks.

    Thank You
    Last edited by max32; 1st August 2017, 10:28:AM.
    Tags: None
  • #2
    Re: RTC Leads To Litigation

    Did you inform your insurance company at the time ? if you had third party or comprehensive insurance you can claim on your policy .
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    • #3
      Re: RTC Leads To Litigation

      Hi,

      I did inform my insurance company at the time. I was fully comp.

      So are you saying that cause I had the cover on my policy in January & it happened while I had the cover, I can go back to them and they should still cover it on my policy, regardless of when the claim against me happened?
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      • #4
        Re: RTC Leads To Litigation

        Originally posted by max32 View Post
        Hi,

        I did inform my insurance company at the time. I was fully comp.

        So are you saying that cause I had the cover on my policy in January & it happened while I had the cover, I can go back to them and they should still cover it on my policy, regardless of when the claim against me happened?
        As far as I know yes others on here can confirm this
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        • #5
          Re: RTC Leads To Litigation

          Contact your insurer at the time who are aware of the claim. They will probably want you to pass the information to them and should deal with the claim on your behalf. They should have all the details already but if not jot down the facts as you remember them so you have them to hand. Don't forget you will need to acknowledge the claim within the correct timescales. Ask the insurer how they wish to deal with it but don't let the date for acknowledging the claim slip by otherwise you could have a summary judgment made against you.
          I am a qualified solicitor and am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.
          • 2 likes

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          • #6
            Re: RTC Leads To Litigation

            Thanks for the information, it is much appreciated. I will get in touch with my former insurer tomorrow. I have a feeling they will try to stone wall this, but I will give it a go.

            I will post the results on this thread.

            I still find it reprehensible that cars illegally parked get off with accidents caused by their selfishness to find a parking space & are sent the message it is ok to flaunt the rules.
            In Germany an illegally parked car is the guilty party and that should apply to GB also.

            Thanks Peridot & wales01man.

            Comment

            • #7
              Re: RTC Leads To Litigation

              They may try and argue that she's contributed but you need to speak to them. Bearing in mind the difference in the fee your insurer seems to have paid and the amount she is apparently claiming I would say there definitely needs to be some questions asked!
              I am a qualified solicitor and am happy to try and assist informally, where needed.

              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

              If in doubt you should always seek professional face to face legal advice.
              • 1 thank

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              • #8
                Re: RTC Leads To Litigation

                Hi,

                I received a letter from the insurance company I used at the time of the Accidents, Solicitors. They have been instructed to represent me with the case. Which is a big weight lifted. I am hoping that together we can set a precedent for illegally parked vehicles involved in an accident. Will post again when there is an outcome.

                Comment

                • #9
                  Re: RTC Leads To Litigation

                  Glad they are sorting it. Do let us know the outcome. It will be interesting to see what they do.
                  I am a qualified solicitor and am happy to try and assist informally, where needed.

                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                  If in doubt you should always seek professional face to face legal advice.
                  • 1 thank

                  Comment

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