Wrong details on County Court Claim Form

[philjayj]

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

 

[philjayj]

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.

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.

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.

'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.

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.

 

[philjayj]

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.