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Old 13th Nov 2009, 18:08   #1
RLBUHT
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Wrong details on County Court Claim Form

Hi Guys, hopefully someone may be able to help. At the beginning of the year (the 5th January to be precise) I reversed in to a car behind me.

I was at some lights, ready to drive off, until I noticed a bus coming towards me on my right. So I reversed back to avoid a collision, only to hit the car behind me. I pulled over and so did the other car. I inspected the damage, and due to the low speed, only her (the driver behind me) number plate was cracked (I took photos just in case) and no other damage was sustained to the car.

I have today received a County Court Claim Form which gives the particulars of the accident and the whiplash/medical injuries the other driver sustained. On the form, there is a number of mistakes, mainly dates, specifically the date of accident. Also, the details given by the claimant state I moved forward to pull out on to a roundabout, which is not right - there was no roundabout.

Also, the Doctor who claims to have performed a medical checkup gives the date of examination of May 2007, which is about 18 months prior to the accident.

Are any of the points above enough to question the proceedings? Or am I just clutching at straws?

Any help would be great.

Phil
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Old 13th Nov 2009, 18:11   #2
Smit
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I'm no expert but I would question the proceedings if the date of the medical examination is May 2007, no way should that stand up in court.

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Old 13th Nov 2009, 18:11   #3
Ice Rich
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I don't think you can get out of being responsible for the damage, if that's what you meant?

You should clear all the error details up though.

If it was only a cracked numberplate just pay her cash, not worth going through insurers.
Is she actually saying she was injured when the only damage was a cracked plate?? If so, i wouldn't pay a penny.

Why so long a wait from when it happened?


Last edited by Ice Rich; 13th Nov 2009 at 18:15.
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Old 13th Nov 2009, 18:13   #4
[TW]Fox
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I am not a lawyer and this is merely my opinion and not legal advice.

Take it to court then simply deny the facts.

'No, I was not at XYZ on the date mentioned'

etc etc.

Then the case presumably falls apart?

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Old 13th Nov 2009, 18:15   #5
xJcBx
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Sounds like she's trying to take you to the cleaners (in a very amature fasion), unless she's really trying and is claiming she is suffering from some sort of brin damage or memory loss too..

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Old 13th Nov 2009, 18:16   #6
Burnsy2023
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See a solicitor. I doubt that'd hold up in court.


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Old 13th Nov 2009, 18:18   #7
Ice Rich
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Guys how long after an 'event' has happened can you take someone through the county court?


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Old 13th Nov 2009, 18:20   #8
nin9abadga
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get some proper legal advice. is it actually a legit letter? sounds like she's run it up herself.

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Old 13th Nov 2009, 18:25   #9
RLBUHT
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Quote:
I don't think you can get out of being responsible for the damage, if that's what you meant?
Whilst I am not disputing I cracked her number plate, I do dispute that she lost earnings because she had to go and pick up a courtesy car, or that she even needed a courtesy car.

Quote:
If it was only a cracked numberplate just pay her cash, not worth going through insurers.
Unfortunately, she already has gone through her/mine insurers, and as a result, my insurance company paid up without a fight, even though I raised my suspicions about the legitimacy of the damage.

Quote:
Is she actually saying she was injured when the only damage was a cracked plate?? If so, i wouldn't pay a penny.
She is claiming for no less than 1500, but no more than 3000. Her medical report states she reported suffering from "pulling pains" in her back and pain to her left arm.

Quote:
'No, I was not at XYZ on the date mentioned'

etc etc.

Then the case presumably falls apart?
I would have thought that too, but the fact that my insurance company have already paid up for alledged damage means there must be some case to answer for. Atleast thats how I would have thought.

Quote:
get some proper legal advice. is it actually a legit letter? sounds like she's run it up herself.
From looking at the Claim Form, its been put together by her solicitor.


Thanks for the replies everyone, I appreciate it.
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Old 13th Nov 2009, 18:27   #10
[TW]Fox
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Hang on - this has alreayd been the result of an insurance claim?

Pass the correspondance onto your insurer - it is for them to deal with. Whatever happens wont really affect you.

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Old 13th Nov 2009, 18:31   #11
me227
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You can contest the proceedings and then there'll be a time period for corrections to be made by her solicitors.

But you'll have to find a solicitor yourself to defend the action.

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Old 13th Nov 2009, 18:32   #12
RLBUHT
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Quote:
Hang on - this has alreayd been the result of an insurance claim?
In a way, yes. She has already been paid out for 'damage' to her car. The claim form I received today is for personal injury and loss of earnings etc.
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Old 13th Nov 2009, 18:35   #13
Repta
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Quote:
Originally Posted by RLBUHT View Post
In a way, yes. She has already been paid out for 'damage' to her car. The claim form I received today is for personal injury and loss of earnings etc.
forward it to your insurer/whoever your insurer was at the time. Its for them to deal with
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Old 13th Nov 2009, 18:36   #14
[TW]Fox
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Quote:
Originally Posted by RLBUHT View Post
In a way, yes. She has already been paid out for 'damage' to her car. The claim form I received today is for personal injury and loss of earnings etc.
Forward it to your insurer. It's not your problem anymore.

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