Legal Advice please

111Robin · Post by **111Robin** » Thu Jun 21, 2007 8:52 pm

I had an accident last August when I spun out on a damp road while exiting a roundabout, clipping another car in the process and causing him to hit the central barrier. All was settled by the insurance company, including cost for repairs to the central barrier. Now today, out of the blue, I receive (hand carried not posted) a court citation claiming that I am due to pay £5K damages to one of the car's passengers as a result of suffering from whiplash. It states categorically that the citation has been issued as a result of my refusal to pay or delaying payment. My questions are :

1. This is the first I have heard about the whiplash claim therefore how can they cite me for refusal to pay or late payment ?.
2. Should this not be handled by my insurance company ?. Would a claimant not normally have their insurance company make such a claim on my insurance comoany ?.
3. Is it likely thatg this is being handled by my insurance company but they have forgot to pay the costs ? . I was similarly sent an irate letter from BEAR regarding non payment of the biill for the fence repairs, turns out the insurance company had screwed up.

I'm just a bit worried now as all of the legal documents are stating I can either pay up or go to court to defend my case, neither of which I want to do.
Any advice would be appreciated.

Robin

j2 lot · Post by **j2 lot** » Thu Jun 21, 2007 8:56 pm

Refer straight back to insurance co.

Rag_It · Post by **Rag_It** » Thu Jun 21, 2007 8:57 pm

No legal view, but you need to chase your insurance company fast..... They should have resolved this without you having to be involved, hence why we pay them such huge money every year....

Hope you get it sorted soon.

Dave

Mr Momo · Post by **Mr Momo** » Thu Jun 21, 2007 10:15 pm

Yup - one for your insurance company....

GregR · Post by **GregR** » Thu Jun 21, 2007 10:25 pm

writ will have been sent to Insurance Co - claimant solicitors are obliged to do so in terms of the Road Traffic Act. Fear not, that's why you have insurance. A £5k claim is an absolute tiddler, believe me!

Reference to delay is standard, virtually redundant legalese. I'd wager your Insurance Co will have been dealing with this beforehand. Don't worry about it, that's why you pay your premiums

Titanium S1 111S (gla) · Post by **Titanium S1 111S (gla)** » Thu Jun 21, 2007 11:26 pm

Don't worry just check that the insurance Co are dealing.

111Robin · Post by **111Robin** » Fri Jun 22, 2007 1:10 am

Thanks all. I figured that would be the case but it doesn't half put thew frighteners on you when you get something like that delivered by hand. I'll be on to the insurance co. first thing tomorrow,

Robin

EliseR · Post by **EliseR** » Fri Jun 22, 2007 12:21 pm

111Robin wrote:Thanks all. I figured that would be the case but it doesn't half put thew frighteners on you when you get something like that delivered by hand. I'll be on to the insurance co. first thing tomorrow,

Robin

Any joy?