court tomorrow...fun and joy

[funkstardelux]

being taken to court by someone who t boned me..his insurance paid up ...its a frigging joke..and i hope the judge sees that he is at 10 am monday..wish me luck

[Nick Mann]

Good luck bud. Just say it how it was, judges usually get it right.

[Ghost_2008]

Just keep calm and accurate, depending on the environment it could be quite relaxed... good luck

[HPRULZ]

Good luck buddy if his insurance company already paid up then there experts have already determined liability so as it says above keep calm court can be a daunting enviroment but is usually a lot more casual than you would think.

Kev

[funkstardelux]

well it was 50 / 50 split..old nutter judge strikes again... i was at fault for being 1-2 car lengths behind him while at 10mph..while he didnt look over his shoulder..even though the accident damage is his front passenger corner bumper..and my drivers door all down to the rear wheel...he t boned me.....unreal judge

[TAR]

not sure what your last update means? Do you have to pay him money?

:happy:

[funkstardelux]

yeah ..well my insurance will.
it turns out it was an accident management company who took me to court not his insurance.. i hope they sort out this insurance mess with the oft investigating..
i mean isnt that the whole point of insurance to stop people takin each other to court for repairs to their cars..but these accident management companies arent insurance companies so dont follow the rules and regs...
friggin joke esp the judge.. i get t boned and was 50 % at fault..go figure

[Ghost_2008]

Sorry to hear that buddy..... dont know what to say sounds rediculas to me....

[funkstardelux]

aye just talked to my mate who used to be a barristor and hes in shock..lol

[funkstardelux]

well just did an amended quote online with accident 50/50 fault..and its only 100 more roughly..so no to bothered

[Rixarena]

still its a pain even if its not to much more, doesnt it take your no claims down to 0 again?

[TAR]

Have you informed your insurance company about this. If the claim has already been settled it would surely mean he had no legal recourse?

[funkstardelux]

yes they know as the company went after them first and my insurance told them to get lost hence they took me to court..i should state his insurance paid up fully but with no admission of liability.
he didnt get his car reapired via his insurance but an accident management company...makes me sick talking about it

[Nutter_John]

I'm a Little confussed Dave

You were paid out fully by his insurance company as they accepted the burden of guilt , as such this means you were not at fault for the acident so have a no fault acident on record as per the insurance DB
Now the scum bastrads of a accident management company try to argue the toss with your insurer and they tell them to go forth and replicate so they then take you to court on what basis ?
1) did you have legal representation provided for you by your insurance company as the claim has to be against them not you as thats the point of being insured .
2) Was case law mentioned at any time in the court ? - I got stung under case law in my claim , in that they didn't even go to court as they decided the judge would decide 70/30 in my favour based of previous cases
3) Was this a civil action against you personaly rather than the insurance company

The whole thing does not make sense to me at all as how can YOU be taken to court over an accident that HIS insruance company agreed was his fault (although in most settlements of insurance they do not admit liabillity )

[TAR]

I'm thinking the same as John, I cant see how this has occurred?

I'm sorry that its causing you such a problem, I just hope that you had proper legal representation?

Do you have legal expenses cover with your insurance? They would probably help you in this instance.

:happy:

[HPRULZ]

I am having difficulty getting a grasp on all of this makes no sense to me.

Kev

[funkstardelux]

right this is messed up..due to the other party not going through his insurance, so to clear this up ..even though it still messes my head up here goes.
the lovely other guy seems to have gone to an accident company..those lovey people u see on tv adverts ..not your fault no need to claim and effect your insurance type thing.
short is..his insurance paid my insurance fully but with no admission of liabilty. so case was close last sept. come 23rd dec i get a court summons in the name pf lovely mans behalf via a solictors firm representing a credit hire firm...complicated i know
basically he didnt contact his insurance at all, he went to a a solicotrs firm/credit hire that make money out of car accidents. when my insurance finally after 4 months of contacting his insurance direct line swapped accident details they paid up in a week as the pictures of my damage and his show he must of drove into my car ..hence case close so i and my insurance thought. but oh no 2 days before xmas a court summons..which was nice .

so in the end this turned into a civil action as this plank went through a accident /hire comapny... it just slaps a face in the whole point and reason of legally now of having to have insurance in this country..
the cost they were after was 2.5k ..bugger all..infact an amount that no insurance comp would ever go to court for as it cost 1.5k for a barristor for the day..plus 500 for court fees. the got 50% payment so infact they lost money..haha and due to his insurance already fully paying my repairs and costs ..i lost ...nowt, as this action was from this hire company and not drect line so in fact the plank wil have to pay this hire firm 2k from his pocket now all legal avenues to find me liable have ended and his name is on the agreement saying he would be finally responsible.

[TAR]

Well I have to say that I'm as shocked as you that this type of thing can happen.

I'm also relieved that you dont have to pay out anything.

Best of all, it looks like he is in the sh!t with this legal firm.

so I suppose you can be happy for small mercies.

:happy:

[funkstardelux]

the ridiculous thing is according to the judge i drove up the inside of him while he was in the middle of the road turning left into parking bay..there is no way a vr4 would fit there..but oh no..judge said it was possible even though the pictures show he drove into my side and bashed both my doors in and he had damage on his front left corner bumper.. hope karma comes around an the judge gets t boned soon

[ianturbo]

am i missing something here , if the insurance has paid out why are you in court for it , is that not why we pay insurance in the first place to stop all the hastle of going to court and the likes ??:dizzy2:
ian
i just read post 17 but still can't see how !!

[funkstardelux]

aye thats what insurance is meant for..but if the other guy uses a accident management / hire credit firm the ones u see on tv then its a civil court action...
its not nice and does slap the whole point of having insurance in the face.