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Wrong details on County Court Claim Form

Discussion in 'General Discussion' started by RLBUHT, Nov 13, 2009.

  1. RLBUHT

    Hitman

    Joined: Jul 25, 2004

    Posts: 629

    Location: .

    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
     
  2. Smit

    Soldato

    Joined: Mar 6, 2003

    Posts: 6,209

    Location: West Lothian

    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.
     
  3. Ice Rich

    Wise Guy

    Joined: Dec 3, 2004

    Posts: 2,410

    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: Nov 13, 2009
  4. [TW]Fox

    Man of Honour

    Joined: Oct 17, 2002

    Posts: 150,977

    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?
     
  5. xJcBx

    Wise Guy

    Joined: Aug 20, 2008

    Posts: 1,655

    Location: Bath

    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..
     
  6. Burnsy2023

    Man of Honour

    Joined: Nov 17, 2003

    Posts: 35,479

    Location: Southampton, UK

    See a solicitor. I doubt that'd hold up in court.
     
  7. Ice Rich

    Wise Guy

    Joined: Dec 3, 2004

    Posts: 2,410

    Guys how long after an 'event' has happened can you take someone through the county court?
     
  8. nin9abadga

    Wise Guy

    Joined: Jan 9, 2006

    Posts: 1,439

    Location: Nottingham

    get some proper legal advice. is it actually a legit letter? sounds like she's run it up herself.
     
  9. RLBUHT

    Hitman

    Joined: Jul 25, 2004

    Posts: 629

    Location: .

    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.

    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.

    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.

    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.

    From looking at the Claim Form, its been put together by her solicitor.


    Thanks for the replies everyone, I appreciate it.
     
  10. [TW]Fox

    Man of Honour

    Joined: Oct 17, 2002

    Posts: 150,977

    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.
     
  11. me227

    Soldato

    Joined: Sep 30, 2004

    Posts: 5,386

    Location: Belfast/Edinburgh

    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.
     
  12. RLBUHT

    Hitman

    Joined: Jul 25, 2004

    Posts: 629

    Location: .

    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.
     
  13. Repta

    Mobster

    Joined: Jul 30, 2008

    Posts: 4,379

    Location: NI

    forward it to your insurer/whoever your insurer was at the time. Its for them to deal with
     
  14. [TW]Fox

    Man of Honour

    Joined: Oct 17, 2002

    Posts: 150,977

    Forward it to your insurer. It's not your problem anymore.
     


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