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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was involved in a car accident 11 months ago when a lorry

Resolved Question:

I was involved in a car accident 11 months ago when a lorry scraped the side of my car. I reported the accident to my insurers - Aviva - with whom I had fully comprehensive cover. In my opinion the other party was at fault. Aviva paid costs of repair to my vehicle and claimed reimbursement from the other party's insurers. The other party has denied responsibility and Aviva passed the matter to lawyers. I was asked if I was prepared to give evidence should the case come to court, to which I agreed.
I have now received advice from my insurer's solicitors - Judge & Priestley - that legal proceedings have been issued - in my name - and the case will probably be heard in Manchester (I live in London which is also where the accident took place).
I have never given permission case to be brought in my name and I was never informed that the case would not be held in London. I understood that the case was between my insurers and the other party. I only agreed to give evidence as a witness as I strongly believe the other party was at fault. I have also been advised that any expenses I incur in attending court will only be reimbursed to me if the judge finds against the other party.
I am not prepared to have a case brought in my name in order insurance company, to whom I pay a heft premium cover, to recoup their costs.
Are they correct in bringing the case in my name? And am I within my rights to refuse to attend?
Your advice would be greatly appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know whether the defendant lIves in London?
Customer:

The defendant is a company - Palletline - who I believe are registered in Manchester

Alex Watts :

Yes it is normal to be named as the Claimant. You had the accident, not the insurance company, so they can't bring the claim, only they can in your name.

Alex Watts :

If you refuse to attend you will lose and the insurance company may refuse cover you legal costs. You agreed to attend Court so you should attend.

Alex Watts :

However as you live in London you would get loss of earnings and travel expenses

Alex Watts :

But this is quite normal.

Alex Watts :

Can I clarify anything about this today please?

Customer:

I would like some clarification but am just on my way out. Can I pick up the threads later?

Alex Watts : Sure
Customer:

Could you please clarify :

Alex Watts : Yes?
Customer:

Could you please clarify : As it is the insurance company's loss that is being claimed (they paid repairs under comprehensive cover) I don't understand why I am the claimant. Also they asked me if I was prepared to be a witness - to which I agreed. Shouldn't they have explained that I would be the claimant? And, finally, they have said they will only reimburse my travel expenses should I win the case. Is this correct?

Alex Watts : You are the claimant because they have no locus to bring a claim. You bring the claim in negligence
Alex Watts : You get by the court rules 45p a mile and maximum £90 loss of earnings.
Alex Watts : Does that clarify?
Customer:

The point I was making is - shouldn't it be encumbent on them to ask my permission to bring the claim or at least explain to me that it would involve bringing a claim in my name before they went ahead? And they have specifically said that I will not have any travel expenses reimbused if we lose the case. Is this correct?

Alex Watts : You asked if you were prepared to go to court, you said yes.
Alex Watts : They don't need your permission as you already agreed
Alex Watts : Correct you won't get travel expenses If you lose, or loss of earnings.
Alex Watts : Does that help?
Customer:

Yes. Thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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