car driver ran into the side of my car M4 - now claimform 3yrs later!! - ** RESOLVED **

[dx100uk]

scan it up lets see

 

 

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[Mwynci]

This often happens when the other driver is struggling to get paid out for the accident claim and they are blaming you in this case for the accident. They have gone online and made a court court claim against you using the MCOL site.

 

If you had Insurance, just phone your Insurance company and they will ask you to send the court claim to them urgently, so they can acknowledge it and deal with it within the time allowed. When you phone the Insurers get the name of the person you speak to, which office they are from and to make sure they know it needs to be dealt with urgently.

 

Don't do anything with the claim, until you have spoken to the Insurers.

 

do this.

[topcat1802]

County Court Claim Form

[BazzaS]

I've "reported" your post to get it unapproved (if you don't delete it first), as it has your details (initials TC) and the claimants details clearly visible.

 

Can you re-post the form with personal details and codes / bar codes obscurred?

It looks like some attempt (using the word 'text') to obscure the details has been made, with more success on the VRM's, but little success on the claimaint & defendant's names and addresses!

 

I'll happily delete this (or site team are welcome to), when it is sorted, or I'll just edit out the iniitals

[havinastella]

This often happens when the other driver is struggling to get paid out for the accident claim and they are blaming you in this case for the accident. They have gone online and made a court court claim against you using the MCOL site.

 

If you had Insurance, just phone your Insurance company and they will ask you to send the court claim to them urgently, so they can acknowledge it and deal with it within the time allowed. When you phone the Insurers get the name of the person you speak to, which office they are from and to make sure they know it needs to be dealt with urgently.

 

Don't do anything with the claim, until you have spoken to the Insurers.

 

Do this ASAP +2

[topcat1802]

Done it.

[dx100uk]

cant see any pers info showing now orearlier

[Ganymede]

Hi the name of the Claim Form is the other driver, he seems to be claiming the cost of repairs, and hire of a car while his car was being repaired.

 

 

I am not sure if the claim form is valid, as there is no password on the form for me to login to MCOL to rebut the claim!

 

Have you called the Court?

 

That appears to be a genuine Court claim, but it was not issues via MCOL which is why you have no password is login. All responses must be done manually by posting them to the Court.

 

However, you need to pass the claim to your insurer ASAP and make a copy for yourself. Follow it up with your insurer so they acknowledge it in time.

[topcat1802]

I phoned insurer, and then sent them a copy of the claim form last Friday.

 

 

Since I had heard nothing back I phoned insurer yesterday to check what they were doing, was told claim had been passed to their solicitor to deal with and he had acknowledged the claim and would deal with it on my behalf. I asked for confirmation in writing and am still waiting a written reply.

 

 

I have a recording of the phone calls since all my calls from my mobile are recorded.

[dx100uk]

pers I would check with the court it has been ack'd!

 

 

I got caught out 15yrs ago and it was a hell of a job to unravel the mess.

[topcat1802]

pers I would check with the court it has been ack'd!

 

 

I got caught out 15yrs ago and it was a hell of a job to unravel the mess.

 

 

Thanks for the advice. I will do that in the morning.

[MaxxPower]

How can he claim the cost of his Insurance Excess AND the cost of the repair? Surely he paid the Insurance Excess so that the Insurance company would pay the cost of the repair....?

[topcat1802]

Received a letter from solicitor representing my insurance company, he has acknowledged the county court claim and is going to dispute it.

 

 

Today received a phone call from insurer, they don't believe that the accident is 50:50 so they have told solicitor to dispute the claim although he advised that they settle for 50:50.

 

 

I await to see what happens next.

 

 

I agree with MaxPower - how can he claim his excess and the cost of repairs, if he paid the excess insurance would pay cost of repairs, if he paid cost of repairs himself them there is no excess to pay, so he can claim one or the other and not both! He is probably claiming both to bump up the value of the claim.

[topcat1802]

Apparently the claim for repairs and excess are technically classed as two separate heads of claim and the claimant can seek to recover both. Without wanting to get too technical the claim for repairs is what’s called a “subrogated claim” from the claimant’s insurers that can be included with the claimant’s claim.

I asked if the claimant can claim his insurance excess can I make a counter claim for mine and the answer is I could.

[unclebulgaria67]

Apparently the claim for repairs and excess are technically classed as two separate heads of claim and the claimant can seek to recover both. Without wanting to get too technical the claim for repairs is what’s called a “subrogated claim” from the claimant’s insurers that can be included with the claimant’s claim.

I asked if the claimant can claim his insurance excess can I make a counter claim for mine and the answer is I could.

 

Has always been like this. I can remember this from dealing with motor claims over 20 years ago. Subrogated just means the rights of an Insurers to recover their outlay from the negligent party, which are the repair costs paid out, plus any other costs incurred

 

I just does not normally get to the stage where one party issues a court claim and in your case, obviously agreement between parties has been impossible. It should have been negotiated on years ago and settled.

 

If you counter claim, there is a fee to the court due, depending on the amount you would be seeking. You can find the information on fees online.

[topcat1802]

Solicitor for my side says may be better to settle my claim for excess outside of the courts!

[unclebulgaria67]

Solicitor for my side says may be better to settle my claim for excess outside of the courts!

 

Will the third party settle your excess or is that Solicitor basically saying don't bother ?

 

This is obviously a dispute, where the third party or their Insurers think you were partly to blame for the accident.

[topcat1802]

Just to update this thread.

 

 

Everything is now sorted out. Had letter from solicitor dealing with defence from my insurance company, saying the claim was settled on a 50:50 basis. Which is what I thought had been agreed to 2 years ago.

 

 

What a strange situation to find yourself in 3 years after an accident.

[honeybee13]

I agree, it's odd.

 

Thank you for the update, it's always good to see the conclusion to a thread.

 

I'll amend your thread title.

 

HB