Mnutter v Insurance company withdrawn indemnity

[mnutter30]

Re: Hi All - New member in need of help and advice!

Unfortunately though des "the plonker" didn't stop and drove off probably unaware that his actions caused a chain of vehicles to brake harshly and me to hit another vehicle. It happened so quickly that his registration etc wasn't obtained.

[judgemental24]

Re: Hi All - New member in need of help and advice!

At last

Looks like they are out of time with the claim but double check anyway the date of the accident and the date on the claim form

If three years have elapsed (1095 days) then it is all over

[Amethyst]

Re: Hi All - New member in need of help and advice!

Get the contract between her and this claims firm posted on here if you can xx

Also yes, date of issue of the claim would be good - if in August then need exact accident and issue dates.

[mnutter30]

Re: Hi All - New member in need of help and advice!

I don't think it is. The bump was in August 2012 and the claim was made in March 2014.

Like I mentioned I unfortunately had 2 in the space of 3 months. My wife and I didn't believe we could claim with it being her policy and with her being injured so it was left at that. But after the 2nd matter she was bombarded with calls and that's when it was explained to her that she could claim and she had 3 years to do so etc. She decided to do so and the company said they would deal with both. The 2nd one has been settled and dealt with but the issue is with the 1st one.

- - - Updated - - -

I'm sorry ladies and gents I am actually at work at the moment (although can't really concentrate!) So I have no dates and documents to hand at the moment

[des8]

Re: Hi All - New member in need of help and advice!

Unfortunately though des "the plonker" didn't stop and drove off probably unaware that his actions caused a chain of vehicles to brake harshly and me to hit another vehicle. It happened so quickly that his registration etc wasn't obtained.

So your defence and witness statement will be "it wasn't my fault"
Wonder what the claims company will invent as your wife's witness statement.
You will get the chance in court to question her on her statement..............
Perhaps for the sake of marital harmony (and family finances) she should consider discontinuing the case as suggested by Amethyst.

Whilst the claims company will try and spin the details for their own ends, it doesn't give them the right to falsify the facts.
When the case is heard a half decent solicitor or barrister will tie her up in knots.

[Amethyst]

Re: Hi All - New member in need of help and advice!

Well I think the only people that can answer about the indemnity withdrawal are the insurers.

You do need to get that N181 form completed else your defence can be struck out - I still don't know if you entered a defence against the claim - or how it is only just at N181 point if the claim was made in March 2014. Or if the insurance company defended and added you as second defendant after?

[mnutter30]

Re: Hi All - New member in need of help and advice!

I haven't entered any defence myself but I get the impression that Aviva have filed there own but what that is I have no idea because I've been left in the dark. My wife rang her side on Friday to find out what they have said but she got the usual response of "I haven't read through it yet I'll ring you back"!

[Amethyst]

Re: Hi All - New member in need of help and advice!

I think it would help a lot if you could scan in what you have had from the court since this started - I don't know at the moment if you have been added as second (or first) defendant to this claim against the insurance company. You having been sent the N181 would suggest so but you should have had something before now to enter a defence.

I think a call to the court, and to Aviva, tomorrow would be a good idea ( actually I think it is essential) to find out exactly where things are at.

I think to help with the claim we need to forget it has been made by your wife via a third party and treat it as if it is a claim from a third party altogether else you're trying to sort out the claimant and the defendant at the same time.

We need to work out exactly what your risk is here

no win no fee claims firms do get paid from the costs claimed in court - which you ( or your insurance company ) would have to pay. So your wife might get compensation but you might end up having to pay it, and pay the costs on top.

[mnutter30]

Re: Hi All - New member in need of help and advice!

Yeah that's my understanding that there going to try and recover the compensation etc from me.
I'm down on the papers as first defendant with Aviva being second

[Amethyst]

Re: Hi All - New member in need of help and advice!

You need answers from Avivia, if they were dealing with the claim they should have received the N181 not you. That's all I'm concerned about, and that you don't seem to have any input into your defence, just as your wife seems to have not had much input into her claim.

[mnutter30]

Re: Hi All - New member in need of help and advice!

Amethyst can you advise me on how to add attachments to my posts because I'll try on attach everything I have received so far once I get a minute. Thanks

[Amethyst]

Re: Hi All - New member in need of help and advice!

If you press go advanced under the quick reply box, it gives you more icons, one of which is a paperclip ... you can upload there. or email me admin@legalbeagles.info if its easier. remember to redact any personal details particularly if U are uploading to the forum.

[mnutter30]

Re: Hi All - New member in need of help and advice!

Thank you ever so kindly I will send them via email I think it will be easier.
Seriously though being able to talk to people about it and get their opinion is a massive help and I do appreciate it.

[mnutter30]

Re: Hi All - New member in need of help and advice!

OMG! Even more baffled and stressed now!
Just called Aviva and after being passed from person to person I apparently spoke to one of the claim handlers involved. He basically stated (well I think he did cos he didn't make much sense) that Aviva instructed HF Solicitors to act on their behalf because of the issue between the time of the accident and the time the injury claim was made. He then went from saying that Aviva are acting for me to Aviva aren't acting for me and that I should send a copy of the letters to them. Once again he was so difficult to talk to just given one word bloody answers and not telling me where I stand.

[Amethyst]

Re: Hi All - New member in need of help and advice!

They sound almost as confused as you. Best send copies of all the letters over to them anyway.

Could you contact HF solicitors ? possibly they would be able to shed more light ( or just refuse to talk to you as you aren't a client ) presumably HF is Horwich Farrelley - 03300 240 711