Insureance question - small claims court wtf ??

DannyW

DannyW

DannyW

Man of Honour
Joined
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Hi guys

My girlfriend crashed into someone about 18 months ago, she admitted liability and her insurance paid out, they sent a letter in the post confirming this and it was all settled ect

anyway other day a big pack of letters turned up from some personal injury solicitors, the 3rd party of the accident is claiming for whiplash, back injury, shoulder injury, stress ect ect all the ususal stuff even though the crash was at 5 mph

It says they are taking her to small claims court in northampton for more then £3000 but less then £5000, Says on the pack [her name] V [third party name] with an official looking letter from the small claim court

Doesnt say anything about she will have to attend anything, think its just making her aware that the 3rd party is going to try and claim.

If she looses in court (which she probably will do, it was her fault) will she have to pay out of her own pocket?? this is the part we are confused by, or will her old insurance company pay out again? we are both really confused by it, and i guess if she has to pay she will get a ccj against her?

any advise please :)
 
Simple as that? Cool will do get on to them tomorrow

Would it be possible to get a CCJ from a personal injuery claim though?
 
Iamzod said:
No, as it isn't her responsibility to pay it.
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Ok thanks, that was her main concern

This country is an absolutle joke, the list of things hes claiming for isnt even funny, the only damaged was a small 2 inch crack in the bumper
 
Presumably if he's actually taking them to court he's got medical evidence of it, or is he just angling for an out of court settlement?
 
Pretty much everyone over the age of 35 will find some evidence of back 'injury' on xray. If they say they have symptoms post-crash then it's hard to say that their symptoms haven't been caused by the crash and oh, look, there's some degenerative change to the spine too to back it up.
 
DannyW said:
As long as the insurance pay out and not us, we are not bothered but 18 months later, what a fool
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I got shunted in September 2011 at about 40mph. I ached a bit the next day, but I didn't suffer with whiplash, so I didn't claim. There was a lot of pressure from my insurance company to claim however, and up until earlier this year I was still fielding calls from third party companies asking if I felt claim and promising me thousands. That's the way to goes unfortunately.
 
-westy- said:
I got shunted in September 2011 at about 40mph. I ached a bit the next day, but I didn't suffer with whiplash, so I didn't claim. There was a lot of pressure from my insurance company to claim however, and up until earlier this year I was still fielding calls from third party companies asking if I felt claim and promising me thousands. That's the way to goes unfortunately.
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Same happend with my dad, a royal mail (or fail in the case) van rear ended him, his insurance was ringing, texting and emailing in him suggesting he claims ect

Best part was his car was parked up, he wasn't even in it !
 
I just look at the people as tramps trying to get a few quid for no reason at all

Not a problem but its effecting everyone else :(

I was once crashed into about 4 years ago at 30 mph from the back, I did claim for whiplash but I was genuinely injured, completely spoiled my holiday aswell (went on holiday 2 days after accident), and I did have physio for 2 months (iirc) Back then I got about £1500, now people seem to be getting £2500 minimum
 
DannyW said:
Same happend with my dad, a royal mail (or fail in the case) van rear ended him, his insurance was ringing, texting and emailing in him suggesting he claims ect

Best part was his car was parked up, he wasn't even in it !
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I had this very thing, some guy kept calling every few days saying I could get ££££ for whippy, I wasnt in the damn car fool it was parked outside my house :rolleyes:
 
i actually had the same, i reversed into a parked car once, just clipped it, left a not on the windscreen telling them if they have any damage (i couldnt see any) take pictures and contact me and il reimburse the cost to repair etc. They rang their insurance, told them id hit the car and they wanted it repairing (again... there was no damage, just a black scuff mark that rubbed off) my insurance paid out a very small amount.

16 months later i had a letter saying i was having a claim put against me for whiplash.

best part of it, no one was in the bloody car at the time!!! id luckily taken photos myself of the letter that id put on the window, the scuff mark and the overall "accident". My insurance refused to pay them, they took it to court (i didnt have to attend or anything) and they didnt get a penny!

people are just scrounging gits, always trying to earn a fast buck!
 
DannyW said:
As long as the insurance pay out and not us, we are not bothered but 18 months later, what a fool
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Not really they do recommend that you never settle until fixed.

My cousin settled early and has had to have 3 operations on his hip since, But can't claim anything extra.

However I would go to court with pictures of their damage and let the county Judge make his decision on whether the damage equals the injuries. If you then lose say oh well its down to the insurance.

However the judge's aren't stupid and will most probably see through it.
 
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