how to fill out the form N316 order to obtain information

[stestrange69]

Hi all I'm new to all this but just wondered if there was any step by step examples of how to fill out the form n316 order to obtain information from an individual.

my case at the moment is someone damaged my car in a car park

gave police and myself false information about insurance when police actually caught him

he denied the incident but he was caught on camera at very close range got his reg make and model and also a good video of him doing the damage.

the insurance 6 months later said the guy had gave false information to obtain insurance so the insurance was void and wouldn't pay out so I took it into my own hands and took it to small claims court

the guy never replied to anything from me or the court so asked for a default judgement and 14 days have passed since it was issued so I now want to get an order for information as I feel this will be a way to get my money and also make this guy respond and relise this isn't going away until he pays.

ive got the form and filled a few bits out but it looks like I should be deleting stuff and there's parts which dont really explain what you need to put in the box.

id be really grateful for any help with this please.

thank you Stephen:santa2:

[des8]

Re: how to fill out the form N316 order to obtain information

You should have included the third parties' insurer in your claim as an RTA insurer, or had they applied for article 75 status?
Did they tell you what falsity had been given and did they apply for a declaration under section 152(2) of the RTA 1988?

In any event I would still pass the court judgement over to them requesting payment of the judgement in accordance with the terms of the Road Traffic Act 1988 sec 151(5) (b)
" (5) Notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled, the policy or security he must subject to the provisions of this section pay to the persons entitled to the beneffit of the judgement-
(a)......
(b)as regards liability in respect of damage to property any sum required to be paid under subsection (60 below) and
(c) any amount payable in respect of costs"

I would write to the CEO of the company concerned, set out all the circumstances and warn him if a no satisfactory response was received within 14 days you would complain to FOS

[charitynjw]

Re: how to fill out the form N316 order to obtain information

Hi Stephen & welcome to LB.

This thread from a couple of years back gives a pretty good overview of this topic.
http://www.legalbeagles.info/forums/...-sought-please
Did you check this person out before issuing a court claim? (ie assets, work status etc.)

[stestrange69]

Re: how to fill out the form N316 order to obtain information

Hi Stephen & welcome to LB.

This thread from a couple of years back gives a pretty good overview of this topic.
http://www.legalbeagles.info/forums/...-sought-please
Did you check this person out before issuing a court claim? (ie assets, work status etc.)

Hi I didn't check him out before. from what I can tell the house he lives in is his own or being mortgaged as its a private estate he lives on but that's just guessing. Don't really know much about him as he avoided everything from me to the police to the insurance and the courts.

[stestrange69]

Re: how to fill out the form N316 order to obtain information

You should have included the third parties' insurer in your claim as an RTA insurer, or had they applied for article 75 status?
Did they tell you what falsity had been given and did they apply for a declaration under section 152(2) of the RTA 1988?

In any event I would still pass the court judgement over to them requesting payment of the judgement in accordance with the terms of the Road Traffic Act 1988 sec 151(5) (b)
" (5) Notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled, the policy or security he must subject to the provisions of this section pay to the persons entitled to the beneffit of the judgement-
(a)......
(b)as regards liability in respect of damage to property any sum required to be paid under subsection (60 below) and
(c) any amount payable in respect of costs"

I would write to the CEO of the company concerned, set out all the circumstances and warn him if a no satisfactory response was received within 14 days you would complain to FOS

Hi thanks for the reply I'm not really that good on law stuff but do you mean I should write to the insurance company and tell them to pay up as I've had a judgement in my favour.

They told me the vehicle wasn't in his name so the insurance was void it took them 8 months to tell me that and kept saying they had to speak to the underwriters about it at one point they said they was going to pay it then within less than 24 hours they said that the under writers had said no the Insurance was void due to the false Information provider by the defendant.

The Insurance did write me a letter for the court saying that the Insured drivers Insurance was void and that's why they would not pay out. They told me to go to the motor Insurance people that pay for uninsured driver accidents but if I had fully comp I would be told to see to claim from my own Insurance which I didn't agree with so went the route of small claims court.

[des8]

Re: how to fill out the form N316 order to obtain information

Can you post up the letter the insurers sent you, first removing identifying details?

[stestrange69]

Re: how to fill out the form N316 order to obtain information

Can you post up the letter the insurers sent you, first removing identifying details?

ive attached the picture of the letter just the bottom section as the top section has all the insurance details on.
from what I gather his wife was the main person insured and he was insured under her insurance but he was driving a family members van at the time.


this is the form I'm trying to fill in
https://formfinder.hmctsformfinder.j...k/n316-eng.pdf

is this the correct approach to fill out the form above or do you think or is it worth sending letters to the insurance company stating I have a judgement in my favour for the full amount of the quote I sent them.


thanks Stephen

[des8]

Re: how to fill out the form N316 order to obtain information

You said (post 5) "The Insurance did write me a letter for the court"
This implies the insurers knew you were taking their insured to court, which means they cannot avoid their liability.

Under RTA 1988 insurers might void a policy, but there are only certain circumstances which allow them to avoid paying out a claim to a third party.
One of these is where the insurer was unaware that the claimant was initiating court proceedings.

You are saying they knew about the court case, therefore they cannot avoid their liability.

I see the letter has been sent by "Premier Claims Service".
This is not the insurance company, but a firm employed by the insurance company to sort their claims.
I would write to the CEO of the insurance company letting him know that his company now has to pay the judgement and the costs.

Post your letter up before sending so we can give it the once over


Others might disagree, but I would try and get settlement from Insurers first, as even if you get the other guy to court you might find payment being made over several months.

[stestrange69]

Re: how to fill out the form N316 order to obtain information

Hi basically I was back and fourth with the insurance for roughly 8 months and in the end they said the underwriters said they would not pay for the said reasons on the letter.

I rang the Premier Claims Service and said to them on the phone that I was taking the guy that hit my car to small claims court and I wanted something from the insurance to give me there stance on the whole thing so if it went to court then he couldn't try to blame his insurance for not paying out.

But are you saying they are still liable to pay

also how do I go about getting the insurance companies details as I never seem to get past this company they always say they will get back to me and have never mentioned that they are just a claims service they have always come across as the actual insurance company

thanks Stephen

[des8]

Re: how to fill out the form N316 order to obtain information

Email them, asking for details of the insurance company they are dealing with as you dispute their stance and intend to initiate court action against their principals.
Warn them that failure to disclose the identity of their principal will leave them open to legal action

[stestrange69]

Re: how to fill out the form N316 order to obtain information

[QUOTE=des8;696814]You said (post 5) "The Insurance did write me a letter for the court"
This implies the insurers knew you were taking their insured to court, which means they cannot avoid their liability.

Under RTA 1988 insurers might void a policy, but there are only certain circumstances which allow them to avoid paying out a claim to a third party.
One of these is where the insurer was unaware that the claimant was initiating court proceedings.

You are saying they knew about the court case, therefore they cannot avoid their liability."

Not sure if this makes a difference or not to the information you provided earlier but they made the decision not to pay me out about 4 weeks before I asked for this letter I dont think that changes anything but wasn't sure. But I did request this letter when I was just about to start court proceeding against the defendant.

[des8]

Re: how to fill out the form N316 order to obtain information

No difference.. the important point was that they knew there was to be a court case.
Knowing that they could have defended it, but chose not to.

[stestrange69]

Re: how to fill out the form N316 order to obtain information

would they defend it even though I only took defendant to small claims court as a person and didn't include the insurance company in the claim

[des8]

Re: how to fill out the form N316 order to obtain information

It was upto them whether or not they defend.
They Act allows them to avoid paying out if they were not informed of the case.
They were informed of the case, but allowed it to progress without either offering settlement or applying to be named as co defendant.
The consequence is that they now have to pay the judgement and costs.

[stestrange69]

Re: how to fill out the form N316 order to obtain information

sorry for all the questions its just I dont understand they say the insurance was void at the time of the incident so as such he was not even insured by what they are saying to me.
So if he is not classed as insured which is how they are saying it to me then how would the insurance be liable.
Or is there insurance being void and denying paying out there way of getting out of it to someone who doesn't hold the same knowledge as they do so basically an avoidance tactic?


Please also mind my grammar its awful I know

Thank you very much for all your help it means a lot as this has been going on for ages and it starts to give you sleepless nights

regards Stephen