Urgent Help Required
I have just received a personal claim injuries form from a third party I presume it is one of these no win no fee people, regarding an accident that happened in 2011, The 3rd party has stated that I reversed into her, which is not the case, The lane ahead of me had been closed which I did not see prior to turning out of a supermarket entrance I stopped to evaluate the road, then realised that they had left an opening the other side of the barrier enough to swing round and drive down the other side of the carriage way, there was no reason for me to reverse, however the 3rd party failed to stop going into the back of my car, fortunately there was no damage that required fixing on my car just a scuffe mark, I also had my mom in the car I actually looked in the mirror before the impact noticing her also coming out of the supermarket car park and said to my mom, I hope she stops, I pumped my break lights but it was too late. When she got out of the car I said did you not see my brake lights and she said yes then questioned why I had stopped.
The advise I am looking for is I feel she has falsely put In a claim for personal injury she is claiming she has suffered headaches , stress and sleepless nights as a result of the stress. even though I was stationary at the time of impact, neither mom or myself receive any injury as a result of the incident as the speed of the impact was low. I passed all the details through to my insurance company who I was with at the time of the collision. Can I put in a complaint to the insurance body.
What should I do now do I get in touch with my old insurance company regarding this as it has really freaked me out receiving a copy of a county court summons to appear in court. I have had no further communication since logging the accident to say this was being instigated, Just one call from my insurance at the time of registering the accident to say she was after personal injury compensation. I pressumed all would be dealt with one way or another through the insurance companies, so why has she gone down this line.
Do I have a right to claim from her for the stress this has caused me.
Sorry if this post has really dragged out but I am really freaking out.
Send the document to the insurance company straight away.
Do not communicate to the third party.
Urgent Help Needed
Would this be my old insurance company
Originally Posted by Dennis W
Dennis is right.
If you told your (old) insurance company at the time, then you should be able to leave them to deal with it. Pass the letter to them and forget about it.
Its not uncommon for folk to lie to their insurance company when they send in a claim after an accident. Yet as long as you sent in a sketch of the scene along with your claim form, and explained to them what happened.
As mentioned earlier, just send that to your old insurance company, as well as any other documents they might send you in the future and leave it up to them to sort out, good luck.
If you have received a County Court Summons you must answer it. I would suggest phoning the Court and advising them that you are leaving this to be dealt with by your insurer, and see if the Summons can be cancelled. If not, you have to attend, although you could ask for an adjournment. Also, phone the insurer of the time and see if they are aware of any outstanding ongoing claim.
It's not clear what has been received. The OP says "a personal claim injuries form" but goes on to mention a county court summons.
If it really is a summons, she must respond, but should talk to the insurers first. If they are already dealing with it, or are willing to, then that should be a good defence.
I suspect however that it's just a letter threatening a CC summons, in which case she should pass it to her insurers.
I agree - do not reply to the letter. Send it to your old insurance Co with a covering letter with details , including plans showing before and after, of what happened.
I checked, and anyone has three years to start a personal injury claim.
You do not have any grounds for complaint to anyone, unless you want to take it to the police and ask them to investigate it as a false claim.
Thank you all for your advise, There is a CC form however this has not been signed and stamped by the court, how can I find out the name of my insurance back in 2011, I have been looking high and low for my old documents, would my old insurance Broker be able to provide the details, as I have moved to a different insurance company now. I have managed to trace the direct debit payments that were taken on my bank statements, could this also be a way forward.
Last edited by Heather Hemming; 01-02-14 at 20:09.
It sounds like you have received a letter of claim from a claims management company (not a solicitor), because the standard CPR letter does not include any court documents.
Claims management firms are infamous for sending out a fake court summons with the letter of claim (hence the reason it has not been sealed which is the posh word for stamped), bearing in mind that the statute of limitation for personal injury claims is 3 years from date of injury or date of knowledge, whichever is the sooner, the exception being juveniles and those incapable of looking after their own affairs (Brain injuries for example).
It is also not uncommon for an insurance company to instruct one if their pathetic panel firms to issue a letter of claim before the solicitor has carried out a proper risk assessment, (especially these days under the portal system and fixed fees for fast track cases) and so once a response pointing out the factual errors in their letter of claim, it is not unusual for the claim to be suddenly dropped and forgotten about.
Your insurance company at the time of the crash would still be on risk, so you need to find out who your insurers were, notify them and then send the correspondence you have received to them, but also ask them to flag up the fact that you suspect that this claim is fraudulent or a cash for crash scam.
You can try making a counter claim for the stress it has caused, but I have yet to see such a case succeed other then in traumatic PTSD cases.
You need to notify your previous insurance company as soon as possible, and as has already been mentioned, do not respond or enter into any correspondence with the author of the letter of claim.