Hire car accident - now country court claim.
Discussion
Hello,
I'd appreciate any advice as this is unfamiliar territory for me.
I rented a car with a group on friends in Europe around 3 years ago. I was driving and we crashed. There were no other cars involved. The car was written off.
One of the passengers has since claimed for an injury. Noone was injured at the time of the crash (or so it seemed), and it is only months after that he decided to claim for a pre-existing injury that had apparently worsened since the crash. He advised me he was claiming and I subsequently received a letter from his solicitors in the post. I forwarded these to the rental car company who said they would deal with it. I have heard nothing since, despite chasing this up with the rental company and my friend on a few occasions. Almost 3 years later I have just received another letter from another solicitor firm which says they hare acting on behalf of the rental car's insurance company. The letter states that they have been unable to reach a settlement agreement. It later goes on to say that as "liability has been conceded, your involvement will be minimal in the case". They have included a copy of the county court order claim form where I am named as the defendant. The claim is for £50,000. It includes the particular's of the claim - including stating that I "drove too fast in the circumstances, failed to keep a lookout, failed to avoid a collision, drove to close to the verge, and failed to drive with reasonable care and skill", and that the accident was cause by my negligence. It then goes on to state the the claimant has lost earnings, is fearful to be a passenger etc etc.
From reading similar threads, it seems that this is normally sorted out my the insurance companies. However the wording of the letter has caused some worry and obviously my concern is that I may be liable to fund the claim. I'd really appreciate any words of wisdom from anyone who is in the profession or who has been through a similar experience. My concerns partly lies around the fact it is the rental cars insurance, rather than my own, and therefore can I be confident they will act in *my* best interest. I remember reading on most rental car policies that the insurance may be void if the driver drives in an unsafe safe etc. Would the above accusations of my apparent recklessness mean that they could decide not to pay any claims on my behalf?
There were multiple witnesses on the day (including other passengers, and friends in the car behind), all of whom say I was not driving to fast, and that I was driving in a safe manner. Clearly the accident is my fault as I was driving, but the wording of the letter is a bit extreme. As I said, noone else was injured, and the friend did not appear injured at the time or after the accident. We are no longer friends - when he said he was going to claim, I asked him if he knew whether I would be liable to pay any of the costs, and he said he did not know, and couldn't guarantee this - in summary he was happy to go after me for a payout directly if needed. This on top of the dishonesty of the claim (regarding losses) made the friendship something difficult to continue.
It is what it is. I'm just wondering whether I should get my own legal advice or whether I can rely in the solicitors acting on behalf of the European rental car company (particularly around the claims of my driving without reasonable car or skill)?
Any thoughts appreciated
Thanks!
I'd appreciate any advice as this is unfamiliar territory for me.
I rented a car with a group on friends in Europe around 3 years ago. I was driving and we crashed. There were no other cars involved. The car was written off.
One of the passengers has since claimed for an injury. Noone was injured at the time of the crash (or so it seemed), and it is only months after that he decided to claim for a pre-existing injury that had apparently worsened since the crash. He advised me he was claiming and I subsequently received a letter from his solicitors in the post. I forwarded these to the rental car company who said they would deal with it. I have heard nothing since, despite chasing this up with the rental company and my friend on a few occasions. Almost 3 years later I have just received another letter from another solicitor firm which says they hare acting on behalf of the rental car's insurance company. The letter states that they have been unable to reach a settlement agreement. It later goes on to say that as "liability has been conceded, your involvement will be minimal in the case". They have included a copy of the county court order claim form where I am named as the defendant. The claim is for £50,000. It includes the particular's of the claim - including stating that I "drove too fast in the circumstances, failed to keep a lookout, failed to avoid a collision, drove to close to the verge, and failed to drive with reasonable care and skill", and that the accident was cause by my negligence. It then goes on to state the the claimant has lost earnings, is fearful to be a passenger etc etc.
From reading similar threads, it seems that this is normally sorted out my the insurance companies. However the wording of the letter has caused some worry and obviously my concern is that I may be liable to fund the claim. I'd really appreciate any words of wisdom from anyone who is in the profession or who has been through a similar experience. My concerns partly lies around the fact it is the rental cars insurance, rather than my own, and therefore can I be confident they will act in *my* best interest. I remember reading on most rental car policies that the insurance may be void if the driver drives in an unsafe safe etc. Would the above accusations of my apparent recklessness mean that they could decide not to pay any claims on my behalf?
There were multiple witnesses on the day (including other passengers, and friends in the car behind), all of whom say I was not driving to fast, and that I was driving in a safe manner. Clearly the accident is my fault as I was driving, but the wording of the letter is a bit extreme. As I said, noone else was injured, and the friend did not appear injured at the time or after the accident. We are no longer friends - when he said he was going to claim, I asked him if he knew whether I would be liable to pay any of the costs, and he said he did not know, and couldn't guarantee this - in summary he was happy to go after me for a payout directly if needed. This on top of the dishonesty of the claim (regarding losses) made the friendship something difficult to continue.
It is what it is. I'm just wondering whether I should get my own legal advice or whether I can rely in the solicitors acting on behalf of the European rental car company (particularly around the claims of my driving without reasonable car or skill)?
Any thoughts appreciated
Thanks!
Sorry to hear this. I can offer no advice but the fact that you are posting here indicates that you have concerns, as would probably I. It may be that a bit of a consultation with a firm here would be some peace of mind? I'd also be mindful that replies may be well meaning but without qualification!
keirik said:
Let the insurance company sort it.
Then go around and break his legs.
No of course I don't mean it, but who wouldn't want to?
I guess he's been grabbed by an ambulance chasing solicitor, that's why it's taken so long
What a Then go around and break his legs.
No of course I don't mean it, but who wouldn't want to?
I guess he's been grabbed by an ambulance chasing solicitor, that's why it's taken so long
of a friend though. I mean I know OP stated they are not friends anymore but it's still an awful thing to do.
No idea how he can get £50k out of it.
Rewe said:
Buddy, you were insured. They aren’t going to come after you personally for this. The letter needs to go to the insurance company and you just need to do whatever they ask you to.
The letter is from the insurance company's solicitor, so no, do not forward it on to the insurers. In effect, it's come from the insurers who are covering you. They say liability is admitted, but they cannot reach agreement, no doubt over the amount claimed. You need to cooperate wit them. Any court papers issued by the injured party will be from him, to you. So yes, you will be sued personally, but just speak to the hire company's insurers solicitors and help them all you can to mitigate the claim. Possibly attending court where they will arrange your defence.
Ftomcat said:
Sorry should have been more clear - the negligence but is quoted from the claimants solicitors filing, not the rental company. The claimant is saying I was negligent.
Claimant lives in England so I guess that's why it's a UK county court.
Intra-EU claims are covered by a common directive. If it was outside of the EU it would have been local jurisdiction.Claimant lives in England so I guess that's why it's a UK county court.
hutchst said:
Ftomcat said:
Sorry should have been more clear - the negligence but is quoted from the claimants solicitors filing, not the rental company. The claimant is saying I was negligent.
Claimant lives in England so I guess that's why it's a UK county court.
Intra-EU claims are covered by a common directive. If it was outside of the EU it would have been local jurisdiction.Claimant lives in England so I guess that's why it's a UK county court.
Don't worry about it.
The hire company have already instructed solicitors. They have advised that liability has been admitted and cannot reach agreement re quantum. This is why third party solicitors are issuing Court proceedings - to ask the Court to determine quantum in absence of agreement. Hire company's solicitors will probably already advise they are instructed to accept service of proceedings on your behalf. If in any event the Claim Form gets served on you, just forward to the hire company solicitors asap.
The Claimant is claiming UP TO £50k. Not £50k. Leave the issue of quantum for the two sets of solicitors to fights it out or the Court to decide. It shouldn't matter to you whether the Claimant gets £50/£500/£50k. You aren't paying.
In the scheme of things, a £50k claim isn't massive. It definitely won't mean that the injuries claimed are life changing as one poster suggests.
The hire company have already instructed solicitors. They have advised that liability has been admitted and cannot reach agreement re quantum. This is why third party solicitors are issuing Court proceedings - to ask the Court to determine quantum in absence of agreement. Hire company's solicitors will probably already advise they are instructed to accept service of proceedings on your behalf. If in any event the Claim Form gets served on you, just forward to the hire company solicitors asap.
The Claimant is claiming UP TO £50k. Not £50k. Leave the issue of quantum for the two sets of solicitors to fights it out or the Court to decide. It shouldn't matter to you whether the Claimant gets £50/£500/£50k. You aren't paying.
In the scheme of things, a £50k claim isn't massive. It definitely won't mean that the injuries claimed are life changing as one poster suggests.
Rewe said:
Buddy, you were insured. They aren’t going to come after you personally for this. The letter needs to go to the insurance company and you just need to do whatever they ask you to.
Based on nothing but a hunch. I suspect the insurance company has already told the claimant to sling his hook and the next lowest hanging fruit is the OP.Horrible situation OP and I wish the best for you.
Nothing at all to worry about OP.
Liability has already been conceded so there must be insurers in the background who are dealing with this on your behalf, hence "your" solicitors have written to you. They will have been instructed directly by the insurers.
You are named as the Defendant as you were driving, nothing more. Proceedings have been issued as it's 3 years since the accident and they will have had to bring the claim that way to stop themselves falling foul of the 3 year limitation cut-off point.
The £50k is simply the pleaded potential value of the claim - it could settle for much less than that and that is not what the claim is worth.
Just be available to speak to when they want to discuss the case, help where you can and everything will be ok.
Liability has already been conceded so there must be insurers in the background who are dealing with this on your behalf, hence "your" solicitors have written to you. They will have been instructed directly by the insurers.
You are named as the Defendant as you were driving, nothing more. Proceedings have been issued as it's 3 years since the accident and they will have had to bring the claim that way to stop themselves falling foul of the 3 year limitation cut-off point.
The £50k is simply the pleaded potential value of the claim - it could settle for much less than that and that is not what the claim is worth.
Just be available to speak to when they want to discuss the case, help where you can and everything will be ok.
Similar story to my wife's.
Went to ibiza circa 2004 with 3 friends. Hired a jeep and on the way back from a club the driver (who had been drinking) crashed the car.
Wife was ejected and hit the barrier, she suffered severe facial injuries and back injuries, 2 other people suffered broken pelvis and other injuries.
Wife had no holiday insurance and only planned to be there for 2 days. Ended up 3 weeks in hospital and came home on a commercial flight. Other 2 were flown home by air ambulance.
Driver was fine and when my wife finally got sorted after years of dentistry operations she was advised that she could claim for a substantial amount of compensation. They also said that if she did this it would be the driver that would be pursued for the monies. As she was still "friends" she never did. She is now 35 has terrible back pain on a daily basis and had dentist issue with a false plate.
The car was insured and another car was involved. Not sure who got blamed for the accident but seems that "compensation" claims go to the driver!!
Went to ibiza circa 2004 with 3 friends. Hired a jeep and on the way back from a club the driver (who had been drinking) crashed the car.
Wife was ejected and hit the barrier, she suffered severe facial injuries and back injuries, 2 other people suffered broken pelvis and other injuries.
Wife had no holiday insurance and only planned to be there for 2 days. Ended up 3 weeks in hospital and came home on a commercial flight. Other 2 were flown home by air ambulance.
Driver was fine and when my wife finally got sorted after years of dentistry operations she was advised that she could claim for a substantial amount of compensation. They also said that if she did this it would be the driver that would be pursued for the monies. As she was still "friends" she never did. She is now 35 has terrible back pain on a daily basis and had dentist issue with a false plate.
The car was insured and another car was involved. Not sure who got blamed for the accident but seems that "compensation" claims go to the driver!!
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