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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am pursuing a motor accident claim against a 3rd party. I

Resolved Question:

I am pursuing a motor accident claim against a 3rd party. I know the Insurers (from mid) - but they are not willing to settle as they have had no report from their insured (he is refusing to give them any detail).
Normally I would then just issue against the insured (and send notice to the Insurers - so that if I got judgment they would have to pay up)
However in this case I do not have the address of the insured (and the Insured's Insurance will not give it to me)
Have tried DVLA but they also are refusing

How can I proceed?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may


be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Why are your insurers not dealing with this please?

Customer:

I run a small driving school with a fleet of 50 odd cars. We are fleet insured 3rd party so we handle all claims ourselves (most are others driving into the back of us) - So we handle the claims.

Alex Watts :

Why don't you have the address details for the third party please?

Customer:

Because the idiot Instructor did not record it at the time of accident

Alex Watts :

Can I ask why, this is basics of being involved in an accident and surely as an instructor he/she should know to get those details?

Customer:

I dont understand the relevance of this response - for whatever reason he failed to record it

Alex Watts : Ok you need to issue proceedings in terms of an Application for specific disclosure. You need to ask the court to order who their insured is.
Alex Watts : You can't issue against the insurers proper a this stage it must be against the individual.
Alex Watts : So apply for specific Disclosure using form n244
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Alex Watts : Once the court has ordered this you can issue the substantive proceedings against the driver.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Many thanks for you response - this seems ideal.

Customer:

I attach n244 + Claim and would ask if you could pass an experienced eye over it to check it.

Alex Watts :

I would just add in the Form N244 you are making the application pursuant to rule 31.12

Alex Watts :

The claim form seems fine

Alex Watts :

In value I would just add the following as well - the Claimant expects to recover less than £5,000

Alex Watts :

Apart from that it is ok

Alex Watts :

Can I clarify anything else?

Ash and 2 other Law Specialists are ready to help you