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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I was involved in a road traffic accident, I was driving someone

Resolved Question:

I was involved in a road traffic accident, I was driving someone elses' van who had stated he would insure me that day. He didn't and as a result a claim has been made against me and the insurers of the vehicle. The vehicle insurers have agreed to pay damages to the claimant and will now be seeking indemnity from myself.

My question is, is the vehicle owner in any way liable for this?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

Hi

tdlawyer :

So the owner promised to insure you on fully comprehensive terms?

Customer:

Yes, It was a work vehicle and I was told by him that he would 'get on it' that morning

tdlawyer :

Okay. Then yes, it sounds like you may have a claim against that person in negligence. He promised to sort out the insurance for you, which you relief upon, and it caused you loss in the form of the claim made.

tdlawyer :

Had he have done what he said he would, then you wouldn't have had to pay out yourself under the indemnity that the insurer is seeking.

Customer:

What course of action can I take? Would the insurance firm also look into him for indemnity?

tdlawyer :

No, it's more likely to look to you because you're an easier target - you were driving and were uninsured.

Customer:

He made a claim at the time for the damage to the van to be repaired, stating that he was driving, would the insurance firm figure this out?

tdlawyer :

If you wanted to pursue the owner, then you would need to join him into proceedings.

Customer:

How do I go about this?

tdlawyer :

I dont know - it depends what evidence they have and whether they can connect the dots etc.

Customer:

Could I star a counter claim against him, proceedings are at a late stage. The have made a judgement against me and are now quantifying? (sorry if that's incorrect) the amount in losses and damage to be awarded to the claiment

tdlawyer :

You would need to make an application to the court for permission to join him into the proceedings as a part 20 defendant. Then, if granted, (it usually would be), then you need to serve proceedings on him. To be honest, I'd suggest you get a solicitor to do this for you, as it can be complex for non-legally trained people to do, such is the complexity of our court system at times.

tdlawyer :

Yes, you can do this - but you need to ask the court's permission to do it first.

Customer:

I have been advised by a solicitor to let the insurance firm and the claimants solicitor 'get on with it' and ignore the letters when they start

tdlawyer :

Hmmm...ignore a claim against you?

Customer:

That's what I thought, not much confidence in the advice I'm receiving. I was not to blame for the accident and police reports state this

tdlawyer :

That doesn't sound like sensible advice to be honest.

tdlawyer :

If they make a claim against you - then ignoring it is the worst thing you can do, they will just get judgment against you.

tdlawyer :

It might be that you have no defence, in which case, I can understand why not fighting it would be sensible, but usually there is some deal to be done through engaging constructively. Perhaps get your solicitor to instruct a barrister for a second opinion.

Customer:

I have a judgement against me as of last Monday. I did not receive any court papers as I'm no longer at the address they were sent to.

tdlawyer :

Okay - did they get it in default? (because you didn't respond to the claim)?

Customer:

Yes

tdlawyer :

Ah okay, then you could apply to set aside, if you have a defence and stand a reasonable prospect of winning at trial.

tdlawyer :

It might be too late in reality to do that, but you could try. If you do try and lose, you might end up being ordered to pay their costs for resisting your application.

Customer:

Ok thanks, XXXXX XXXXX pretty much where I'm up to. I had hoped that maybe the vehicle owner would have to share the burden here as I was promised to be insured, but it looks like I'm stuck. Plus I can't afford the costs involved with setting aside.

Customer:

What should I do when the insurer gets a ccj against me?

tdlawyer :

Do you have assets from which they can enforce?

Customer:

No

tdlawyer :


Does it bother you to become bankrupt?

Customer:

No, but I have been told that I could still have to pay, 'the official receiver never loses' I've been told.

Customer:

Would they leave me alone if I were bankrupt

tdlawyer :

Nah .... if you don't have the money/assets, you don't pay - you become bankrupt and in 12 months, you're debt free again.

tdlawyer :

The official receiver doesn't care.

tdlawyer :

He only seeks to sell your assets (which you dont have) to pay your debts.

tdlawyer :

He isn't getting paid, so to speak.

tdlawyer :

So I think I understand now why you were told to do nothing .... you have nothing to lose with no assets etc. so it doesn't matter.

tdlawyer :

Either wait for them to bankrupt you, or bankrupt yourself - then you start debt free 12 months after you're made bankrupt.

tdlawyer :

Does this answer your question?

Customer:

Well yes, hoping for a more positive answer. But that's just me hoping!

Customer:

Thank you for confirming things, it's good to get another opinion

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