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Re: First accident...

Posted: Wed Aug 08, 2018 1:13 pm
by kfae8959
I can't, of course, comment on this particular case, but often court action is used as a tactic to force a settlement. That means that cases like this may not ever come in front of the judge - although if they do settle, it may not be until the last minute.

And I concur with Horse: do ask your Union for help and make use of legel expenses cover you've paid for! And make sure that the HMCTS knows in advance that you may need translation if you are called.

David

Re: First accident...

Posted: Wed Aug 08, 2018 2:20 pm
by Horse
TheInsanity1234 wrote: - I am indeed a student! Didn't realise the NUS could help with legal stuff...


I don't know that they can/will - but it's well worth checking. Even if it's the Ins Co who are in the dock ;) it's still worth getting advice.

TheInsanity1234 wrote: I may be wrong and they may be taking me to court, in which case I'm not sure what they can do as I'm a student with literally no savings, so unless they're happy with compensation being paid at about 50p a week, for the next 20 odd years, there's not much they can do to me!


In which (hopefully not) case it would be a hollow (and costly) victory for the taxi driver!

Re: First accident...

Posted: Wed Aug 08, 2018 3:16 pm
by TheInsanity1234
kfae8959 wrote:I can't, of course, comment on this particular case, but often court action is used as a tactic to force a settlement. That means that cases like this may not ever come in front of the judge - although if they do settle, it may not be until the last minute.

And I concur with Horse: do ask your Union for help and make use of legel expenses cover you've paid for! And make sure that the HMCTS knows in advance that you may need translation if you are called.

David

I do think that the taxi company's insurers are doing exactly this. It was unprompted, and there was no suggestion prior to this week that they were even considering it, and my ins. co have been pestering theirs for evidence of the damage I alledgely caused etc, with no success. My gut feeling is that they'll go as far as discussing court dates and then when they realise my insurance company are not going to back down, they may just quieten down and accept whatever's been offered.
Obviously, the ideal case for me is that they take it all the way to court, only to find both the driver and the passenger end up prosecuted for fraud and becoming liable for all the costs etc, then I get my NCB back as there won't be a claim against my policy!

I have ensured my ins co know about my requirements for interpreting, and I'll refuse to allow any court proceedings to progress if I have no interpreter present!

Horse wrote:
TheInsanity1234 wrote: - I am indeed a student! Didn't realise the NUS could help with legal stuff...


I don't know that they can/will - but it's well worth checking. Even if it's the Ins Co who are in the dock ;) it's still worth getting advice.

Fair point - I'll certainly bear that in mind! I was considering popping over to the university's student support department (they have legal advisers employed at the uni for students who need legal advice).

Horse wrote:
TheInsanity1234 wrote: I may be wrong and they may be taking me to court, in which case I'm not sure what they can do as I'm a student with literally no savings, so unless they're happy with compensation being paid at about 50p a week, for the next 20 odd years, there's not much they can do to me!


In which (hopefully not) case it would be a hollow (and costly) victory for the taxi driver!

Is it bad that I kind of hope he spends loads of money trying to sue me for damages etc, only for him to essentially make himself bankrupt as I certainly won't be able to pay for any of his costs let alone mine? That might just be the bitterness speaking however... :|

Re: First accident...

Posted: Wed Aug 08, 2018 6:32 pm
by Horse
Filly nearly ended up as a witness due to her Insurance Co threatening another company as they hadn't paid up after their customer tail-ended her. Case never went to court, they paid up.

Re: First accident...

Posted: Wed Aug 08, 2018 7:31 pm
by angus
I'm surprised the threat of court action is already being spoken of. From my experience of 2 incidents, the first court action was nearly 3 years after the event and the second almost 2 years after.

You needn't worry about being sued - that's what the 3rd party insurance is for, or of being called as a witness - any case will be heard at the court local to the insurers or their legal team.

And the taxi driver won't be out of pocket (more's the pity) - that's what legal protection's for.

Might be worthwhile throwing in the suggestion of fraud when you next talk to your insurers, but in all probability, if the claim can be measured in the hundreds, they will probably settle as it's cheaper in the long run

Re: First accident...

Posted: Wed Aug 08, 2018 7:33 pm
by TheInsanity1234
My insurance company already know that I think the other company are trying to fraud them out of money.

Re: First accident...

Posted: Thu Aug 09, 2018 8:22 am
by waremark
TheInsanity1234 wrote:My insurance company already know that I think the other company are trying to fraud them out of money.

It is extraordinarily unlikely for an insurance company to knowingly involve themselves in this sort of fraud, If there is fraud involved it is on the part of the taxi driver and his passenger.

Re: First accident...

Posted: Thu Aug 09, 2018 9:00 am
by Horse
angus wrote:I'm surprised the threat of court action is already being spoken of. From my experience of 2 incidents, the first court action was nearly 3 years after the event and the second almost 2 years after.


I only have experience of two court near misses ;)

Filly, as mentioned above. IIRC collision was in May, court action was threatened by her Ins Co (against 3rd party's insurers, for non payment), for about September.

Opposite end of the spectrum, personal injury claim against a 3rd party's insurers, went almost to the 3 year time limit before they settled, although they had already coughed for some physio sessions.

Re: First accident...

Posted: Thu Aug 09, 2018 4:14 pm
by TheInsanity1234
waremark wrote:
TheInsanity1234 wrote:My insurance company already know that I think the other company are trying to fraud them out of money.

It is extraordinarily unlikely for an insurance company to knowingly involve themselves in this sort of fraud, If there is fraud involved it is on the part of the taxi driver and his passenger.

Oh no - I mean I've told my insurance company that I think the driver/passenger are commiting fraud, not that the company are.

I do wonder if the third party company would put a stop to it if they realised their clients were comitting fraud?

Re: First accident...

Posted: Thu Aug 09, 2018 5:55 pm
by Horse
Keeping in mind that calls are likely to be recorded, you may wish to consider terms and descriptions such as "interesting that their recollections have altered", rather than 'fraud' ;)