Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
Hi guys, my mate needs a bit of help, he had a crash back in 2005 very minor where a guy was parked over the road talking to his friend, as my mate pulled out he pulled off and they then collided very lightly, mate just needed to replace a headlight ... He said he came round the corner and my mate pulled out but he then gave a witness as the guy he was speaking to parked up the plank...
Anyway, as far as my mate was concearned this was sorted but hes just got a court summonds for it saying that the other party is claiming for 1400 pounds including him paying for repairs, but then also him paying his excess of 200 pounds  Solicitors fee's etc... he just wants some advice on where he stands as surely the guy cant do this as he should of claimed off the insurance etc...
Thanks 
|
Cosmo
Member
Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
|
personally Id ring up my insurance and speak to them, as surely he should be claiming off them and not him personally.
|
Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
i said that to him cosmo but hes changed companys a fair few times from who he was insured with cant find any documents for his old insurance as this is what he first thought of doing i think anyway..
|
Cosmo
Member
Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
|
Id get in contact with citizens advice then, or a solicitor of his own. Im sure there must be some time limit on claims for the simple reason of changing insurance, etc.
|
Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
Yeah and the fact that my mate gave him all his insurance details and then when he got home rang his insurance and explained him all, personally ive told him i think the guy is just trying to get money somehow but mates worried now..
|
Gavin_G
Member
Registered: 12th Apr 02
Location: Bucks
User status: Offline
|
Claims must be made within 6 years from the date of the incident as per S.5 Limitation Act 1980
Time limit for making a claim involving Personal Injury (not sure if this guy is?) may be different *I think* but I can't remember what it is...
|
Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
nah hes not claiming for any injury just repair costs which is what i cant understand cause surely the insurance deals with this, If the guy has repaired his car himself, then surely thats his fault ?
|
taty
Member
Registered: 18th Apr 07
Location: Berwick-upon-Tweed, Northumberland
User status: Offline
|
is there any proof that it happened if not your mate could just say that he does not no-what he is talking about
|
Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
i suppose only the fact that he wrote down his insurance details and they were exchanged..
|
Marc
Member
Registered: 11th Aug 02
Location: York
User status: Offline
|
Sounds like hes trying to personally sue your mate - ie not through his insurance. I would have suggested passing all documentation on to his insurer but as you say hes changed provider I'm not sure where he stands.
|
Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
but how can he personally sue him for damages for a crash, thats what insurance is for and its surely his fault for not persuing it until it was resolved at the time...
[Edited on 04-06-2007 by Rob B]
|
Marc
Member
Registered: 11th Aug 02
Location: York
User status: Offline
|
Well, if what Gavin says is true he hasn't got a leg to stand on.
|
Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
my mate hasnt got a leg to stand on ? lol
|
Marc
Member
Registered: 11th Aug 02
Location: York
User status: Offline
|
No, the guy trying it on.
|
abdus
Member
Registered: 23rd Feb 06
User status: Offline
|
what Gavin said was that the person had 6 years to make a claim from the date of the incident
So the claim could made as late as 2011
[Edited on 04-06-2007 by abdus]
|
Cosmo
Member
Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
|
but surely the claim would have to be made against the insurance company and not him personally.
|
abdus
Member
Registered: 23rd Feb 06
User status: Offline
|
yep, against insurance company I suppose since it is for repairs etc.....
|
Cosmo
Member
Registered: 29th Mar 01
Location: Im the real one!
User status: Offline
|
will probably just be a case of finding out who your insurance company was at the time and him having to go through them.
Im not sure if he will get all solicitor fees, etc. back as if he has your contact details then he had them to ask you who your insurance company was.
|
Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
|
hes found out now, he was with churchill, has the doc to show he sent off all bits they asked for etc too
|
VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
|
Just deny it if the insurance wern't involved originally.
Corsa 2.0 16v Vegas - Sold
|
Rachael 1985
Member
Registered: 3rd May 07
Location: Leicestershire Drives: Corsa Sport
User status: Offline
|
My fella crashed into a fence last year. They decided to settle it not thru insurance. The bloke who's fence it was claimed it was going to be £550 to fix the fence which was a load of crap cus the fence was barely standing when he hit it. My fella refused to pay until he had seen a written quote from a proper fencing company but the bloke kept sending letters etc with £550 written on it saying that was a written quote  Anyway he basically admitted he just wanted the cash and wasnt going to fix the fence so in the end my fella gave him his insurance details. My fellas insurance company got back to him with a copy of the letter they had sent to the bloke. We didnt hear anything and then a few weeks later he got a letter from the court saying that his insurance had not contacted the bloke blah blah blah and that he had to pay about £620 (which included the court fees) in the next 7 days or he would have to go to court and protest it etc. If he went to court he would have probably ended up paying a lot more so in the end he just paid it. Don't know if this helps you at all but thought i would let you know anyway 
[Edited on 05-06-2007 by Rachael 1985]
|
Gavin_G
Member
Registered: 12th Apr 02
Location: Bucks
User status: Offline
|
Erm...
He got ripped off then. He was insured - it's not his problem! We pay insurance premiums for this reason exactly! So we don't have to fork out to pay for damage caused
|
