Insurance question

[Braincrank]

Help/advice please !!
I don’t know if this is the right place for this ...
Last year I was driving behind a mini cab (old Vauxhall zafira) which was obviously looking for a address because he was driving very slow and stopped and moved on and stopped and moved on. I kept my distance and when he pulled over to the left and the road was clear ahead I wanted to overtake him. When I was just about next to him he pulled out to do a u-turn. I slammed on the breaks and because I was going very slow at that moment, stopped instantly. He on the other hand carried on even after the cars touched and therefore dented his drivers and rear doors. My old merc had a slight scratch on the left hand side corner of the bumper.
We exchanged insurance details and after months he suddenly decided that it was my fault. His insurance wanted a 50% liability which I wasn’t happy with.
All went quiet.
In the meantime I moved out of the family house and am going through divorce at the moment , which is a different story all together....
Now I get an email from the ex that court proceedings are being issued with regards to the car accident and I am required to give evidence.
The ex was the insurance policy holder and main driver and I was the additional driver at the time of the accident. She, and my daughter were in the car during the incident whereas the cab driver was alone in his car.
Why is it going to court?
Can I still tell the insurance to accept 50% liability?
What is the point of having a insurance if they can’t sort these things out between themselves?
What are my chances in front of the court?
I really can’t spend any more money since the divorce is crippling me ....
I’m at the end of my tether .....



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[DSM10000]

I am sorry to hear about this extra problem in your life that you clearly do not need.

Firstly; talk to the Insurance company your car was covered by and get advice, secondly, do you have any Legal cover either through your insurance, bank account etc?

 

[Braincrank]

Yes, we had legal cover with that policy.
The policy ran in the missus name and she was dealing with all that.
I just don't know why, after nearly 1 year, they now start with all that again? I don't know if I can talk to the insurance since I'm not the policy holder.
I also don't know if the missus is just trying to stich me up since she is in a very bad/nasty mood at the moment ....
The last thing I need now is a court case hanging over me while I need to concentrate on the divorce and how to pay the solicitor ....
Not a good time at the moment.

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[DSM10000]

You have to do something proactive At least call the Insurance company and ask them. As you were named on the policy you have some rights especially as you are being named on the Court papers

You need to try to get this halted or dealt with as soon as possible

 

[Rayny]

and I am required to give evidence.

The above wording is the key, you are not being taken to court. You are being asked to give evidence so that the insurance companies (and a court, if it goes that far) can decide on how the costs of the claim should be split. There is always a chance that the cab drivers insurance company will pay up before the case actually gets to court.

 

[markjay]

1) Did you take any photos at the scene? Showing the position of the vehicles on the road after the crash?

2) Is it possible that there was some previous correspondence from the insurer that you did not receive, e.g. that the other party has put in a personal injury claim? I can't see the insurers go to court over the cost of a minor shunt, but a personal injury is a different matter.

3) Do you know who is suing who? One insurer suing the other insurer? Or the other driver suing an insurer - yours or his? Or one of the insurers suing the other driver?

4) Are you sure it's a civil law suit and not criminal prosecution (e.g. against the other driver for attempted insurance fraud)?

5. Who sent the letter? The court? Your insurer? The other party's insurer?

6. Does anyone here know if a person can be summoned to appear before the court as a witness? By a civil court? And by a criminal court?

 

[DSM10000]

1)

6. Does anyone here know if a person can be summoned to appear before the court as a witness? By a civil court? And by a criminal court?

Yes they can, a summons may be to attend and give evidence, it may be to provide documentation or other items as deemed fit by the court

 

[Bobby Dazzler]

Given the delay in time, perhaps the other driver responded to a call or text about having been involved in an accident and fancied some extra cash?

 

[John N]

What evidence are you being asked to provide? that may tell you what the Court Proceedings are about!

 

[Braincrank]

Thanks for all your replies.
At the moment I have no other info until the ex sends the papers over.
If she's in the same mood as before than she can hang on to them until the case and I get in trouble for not turning up at court ...
I do have pics of the scene and sent them to the insurance when we reported it .

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[DSM10000]

Thanks for all your replies.
At the moment I have no other info until the ex sends the papers over.
If she's in the same mood as before than she can hang on to them until the case and I get in trouble for not turning up at court ...
I do have pics of the scene and sent them to the insurance when we reported it .

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Be pro-active, write to the court explaining that although you have been made aware of a Court case you are not in possession of the relevant documents and that your estranged wife is not giving you access.

Tell them that you wish to co-operate but require all relevant documents to be sent to you if you are required to attend, send it recorded delivery.