Personal injury claim against me

[charlieivy]

Hi, please can someone advise me on my chance of success in defending a claim made against me?

Last year I was involved in a car accident where someone rear ended my car after I had finished parking. They are accusing me of causing the accident, saying that I reversed into them causing the damage. The two people in the car are claiming for personal injury. My insurers are not accepting liability due to the very minor damage on the cars and I suspect also because I was hit from behind.

So now it’s my word against their’s. There is no witnesses and now court proceedings have been issued.

I am obviously very anxious about this but I am innocent and I feel they are just trying to get insurance money. How is this likely to go down in court?

Thanks

[charlieivy]

I would like to add to this. When I received the claim papers from their solicitors the location of the accident was completely wrong too, if this makes a difference?

[des8]

You have informed your insurers that there is a personal injury claim and they have denied liability?
Have you told them court action has been initiated?
They should be organising your defence

[charlieivy]

My insurers themselves informed me, they have assigned a solicitor to act on my behalf.

[des8]

So follow your solicitor's advice

[charlieivy]

Of course but is my solicitor likely to want me accept partial liability? Because this is not something I am willing to do.

[des8]

When you make a claim against your policy you subrogate your rights to your insurer, who will conduct your defence as he sees fit.

However they will listen to your input, and generally take note of it.

At one time insurers tended to negotiate settlements out of court because commercially it made sense.
However the trend has changed where they think their insured has a viable defence and they can claim that the other party acted fundamentally dishonestly.

A finding of fundamental dishonesty means the whole claim will be dismissed under Section 57 Criminal Justice and Courts Act 2015 , and leaves the claimant open to adverse costs under CPR 44.16

You will need to be firm about the circumstances of the incident and point out that with such minor damage it is inconceivable that both persons will be suffering injury (presumably whiplash)

[charlieivy]

Brilliant, great advise. I will bare this in mind. Just to add myself and passengers (one adult, two kids) are not claiming for personal injury as neither of us were injured. To do so would be wrong and immoral in my opinion. It just saddens me that the other claimants feel they can. I really do hope the court (if it goes to court) goes in my favour...

[charlieivy]

Correct they are both claiming for whiplash plus loss of earnings for one party and a wound for the other passenger.

[des8]

I would suggest you and your passengers to write down your individual accounts of what happened and all circumstances surrounding the issue.
Do it independently so there is no chance of anyone saying you colluded.

This case could drag on for sometime and memories fade and become confused, so better now than later when the solicitor will ask for them

[islandgirl]

I blame the people who ring you out of the blue asking if you have had an accident and telling you you can get compensation. I always challenge them to tell me when it was and where it was if they are legit. They soon hang up though I like to keep them talking for a bit!

[des8]

Don't think a Texan lawyer will get many referrals from UK, even if they use a thick font