50/50 settled, all of a sudden - small claims papers

[rj1986]

Posting after my gf's frantic phone call, so details are a bit patchy.

She got involved in a 50/50 about 2.5 years ago.
There was a 2 lane mini roundabout, with a left+straight, and a straight lane, with a merge in turn about 100 yards off the exit.

She was in lane 2, Mr.A in lane 1. Both proceeded over the roundabout.

Mr. A didn't check his blind spot, and moved over way before the merge point (when it was 2 still lanes). Due to lack of evidence, the insurance company went 50/50.

Now she just called me saying that Mr.A has filed for about 2 grand of personal injuries and damages via the small claims court,even though it was settled via insurance.

She has since changed car and insurance company - who should she contact in this case.

Is it all a bit of a scam/ ambulance chaser type thing.

TIA

[Aretnap]

She should contact the company she was insured with at the time of the accident, forward the court papers to them, and chase them up in a couple of days to make sure they've received them.

[TooMany2cvs]

rj1986 said:

Due to lack of evidence, the insurance company went 50/50.

Now she just called me saying that Mr.A has filed for about 2 grand of personal injuries and damages via the small claims court,even though it was settled via insurance.

She has since changed car and insurance company - who should she contact in this case.

The insurer who dealt with it.

[rj1986]

Aretnap said:

She should contact the company she was insured with at the time of the accident, forward the court papers to them, and chase them up in a couple of days to make sure they've received them.

Great- thanks.
Will do that first thing.

[Devil2575]

Keep us posted on this OP. I'm intrigued to know how this one works out.

[JustinP1]

rj1986 said:

Aretnap said:

She should contact the company she was insured with at the time of the accident, forward the court papers to them, and chase them up in a couple of days to make sure they've received them.

Great- thanks.
Will do that first thing.

Your GF is not liable. Hand it over to the ins co, and this will most likely the last you'll hear from it.

Every week I get a phone call saying:

"We're just calling to make sure you get your entitlement from your car accident you had a while back."

There's dozens of chancers doing this at the moment. They genuinely use the word 'your entitlement' in order to incite the recipient in thinking with money signs in their eyes.

[Charlie1986]

I had this last year after a accident with a motorcyclist that went 70/30 my way. I just gave it to the insures who sorted it and fought the claim off. so just pass it on to them and they will deal with it

[BobSaunders]

It's understandable why people sign up with these chancers.

However, the more sensible of us would not put pen to paper with these cretins. It's serious fraud at the end of the day.

[rj1986]

Charlie1986 said:

I had this last year after a accident with a motorcyclist that went 70/30 my way. I just gave it to the insures who sorted it and fought the claim off. so just pass it on to them and they will deal with it

Cheers- that's made her feel better.

JustinP1 said:

Your GF is not liable. Hand it over to the ins co, and this will most likely the last you'll hear from it.

Every week I get a phone call saying:

"We're just calling to make sure you get your entitlement from your car accident you had a while back."

There's dozens of chancers doing this at the moment. They genuinely use the word 'your entitlement' in order to incite the recipient in thinking with money signs in their eyes.

Thanks for the affirmation. I thought it was one of these people.

Incidentally, i had a call for one of these before Xmas,claiming iwas entitled to upwards of £3000 of an claim submitted last summer. Note: the claim was a windscreen chip repair.


Thanks to everyone in the thread, it's calmed her down a bit now, and she's on the phone to her old ins. company now.

Edited by rj1986 on Friday 9th January 17:53

[LoonR1]

Devil2575 said:

Keep us posted on this OP. I'm intrigued to know how this one works out.

Why? This is exactly how quite a few low value injury claims happen. Claim gets settled for damage. Coming up to the three year limitation period for an injury claim one of the involved people gets a call from an ambulance chaser amd follows it up. The ambulance chaser sends the paper to the other driver involved as technically they are the ones to sue, despite them knowing full well that the other driver subrogated their rights to their insurer.

The driver in receipt of the claim panics and does nothing and then the claimant wins by default. However, the ambulance chaser is able to whack their fees up as rather than settling via the MOJ portal and fast track at c£500, they get to litigate and charge full whack amd earn £1000s.

In this case the claimant will only get 50% of the claim,,as they were only half not at fault.

Just send it to your GFs insurers at the time of the accident.

If you want to play the game then claim off him too, you'll get around £800.

[unimatrix1066]

I had one the other day consumer something or other giving the same speel, then went on have you an accident at work and many other things.
I started laughing and told them they must be desperate and fishing for claims then put the phone down

[LoonR1]

JustinP1 said:

Your GF is not liable. Hand it over to the ins co, and this will most likely the last you'll hear from it.

Every week I get a phone call saying:

"We're just calling to make sure you get your entitlement from your car accident you had a while back."

There's dozens of chancers doing this at the moment. They genuinely use the word 'your entitlement' in order to incite the recipient in thinking with money signs in their eyes.

That is complete and utter bks. She has received a claim from the other driver. It's not someone trying to help her claim, it's someone suing her for the I jury she was partly to blame for causing. She needs to send it onto her old insurers immediately and they will deal with it.

[allergictocheese]

Loon, I think Justin meant that his GF was not personally liable for the cost, rather than not liable in the sense of liability for the damage.

[JustinP1]

LoonR1 said:

JustinP1 said:

Your GF is not liable. Hand it over to the ins co, and this will most likely the last you'll hear from it.

Every week I get a phone call saying:

"We're just calling to make sure you get your entitlement from your car accident you had a while back."

There's dozens of chancers doing this at the moment. They genuinely use the word 'your entitlement' in order to incite the recipient in thinking with money signs in their eyes.

That is complete and utter bks. She has received a claim from the other driver. It's not someone trying to help her claim, it's someone suing her for the I jury she was partly to blame for causing. She needs to send it onto her old insurers immediately and they will deal with it.

Que?

I've advised that she pass this onto her insurance company like you. I've put that in bold in case you've missed it.

The OP's girlfriend need not worry herself any more than doing this. She's not going to foot a £3000 bill, which is what she's worried about... Right?

[JustinP1]

allergictocheese said:

Loon, I think Justin meant that his GF was not personally liable for the cost, rather than not liable in the sense of liability for the damage.

Yes...

It's her insurance company at the time that needs to be handed all this.

[LoonR1]

JustinP1 said:

Que?

I've advised that she pass this onto her insurance company like you. I've put that in bold in case you've missed it.

The OP's girlfriend need not worry herself any more than doing this. She's not going to foot a £3000 bill, which is what she's worried about... Right?

Ok I'll apologise, but the second paragraph onwards is what I took issue with, as your scenario is nothing to do with the scenario the OP describes.

[JustinP1]

LoonR1 said:

JustinP1 said:

Que?

I've advised that she pass this onto her insurance company like you. I've put that in bold in case you've missed it.

The OP's girlfriend need not worry herself any more than doing this. She's not going to foot a £3000 bill, which is what she's worried about... Right?

Ok I'll apologise, but the second paragraph onwards is what I took issue with, as your scenario is nothing to do with the scenario the OP describes.

I'm suggesting that the fishing telephone calls I get all the time, the claiming party has got and this may very well be the reason the case has been resurrected after being settled.

It may not, I just speculating, but no-one on this forum will know for sure.

Edited by JustinP1 on Friday 9th January 19:38

[rj1986]

Just to update:
She phoned Elephant and explained to the situation, and apparently the man on the phone new the solicitor before she even said it - citing that they are known for this type of stunt of just sending court papers with no info or any cover letter.
They advised to scan them in and send it to them, and they'll make it go away.

[nipsips]

LoonR1 said:

Why? This is exactly how quite a few low value injury claims happen. Claim gets settled for damage. Coming up to the three year limitation period for an injury claim one of the involved people gets a call from an ambulance chaser amd follows it up. The ambulance chaser sends the paper to the other driver involved as technically they are the ones to sue, despite them knowing full well that the other driver subrogated their rights to their insurer.

The driver in receipt of the claim panics and does nothing and then the claimant wins by default. However, the ambulance chaser is able to whack their fees up as rather than settling via the MOJ portal and fast track at c£500, they get to litigate and charge full whack amd earn £1000s.

In this case the claimant will only get 50% of the claim,,as they were only half not at fault.

Just send it to your GFs insurers at the time of the accident.

If you want to play the game then claim off him too, you'll get around £800.

This this and this.

OP would you name the solicitors? I'm intrigued!

[rj1986]

nipsips said:

This this and this.

OP would you name the solicitors? I'm intrigued!

Not sure if it goes against naming and shaming as such, but a clue is "plural of people who make things out of wood"
They can also be found on a website called iloveclaims.com