How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Australia Law
Satisfied Customers: 10636
Experience:  Senior Associate Solicitor
97337639
Type Your Australia Law Question Here...
JimLawyer is online now

Leon. Over 5 years ago, my dad had a car accident which was

This answer was rated:

Hi Leon. Over 5 years ago, my dad had a car accident which was settled in the usual way between his insurance company and the third party's insurance company. At the time, the third party claimed for personal injury - this too was settled by my father's insurance and their legal team.
JA: In what state did the injury take place? And do you have medical records or other documentation?
Customer: However, after five years, out of the blue, he has received a letter from yet another legal firm asking him to pay compensation. All documentation that was received by him was forwarded on to the insurers.
JA: Has anything been filed? If so, what?
Customer: Nothing has been filed form our side. The letter just states that the law firm (Horwich Farrelly, Manchester) have obtained judgement and that if the payment is not received within 14 days, they would begin proceedings. As I said, this is out of the blue.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think there is anything else.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

That law firm are well-known in defence litigation circles - although I am not clear why they are pursuing your Father if the claim has settled. I can only think that a part of the claim was not settled and with it being 5 years ago, it is for a sum of money which is not for personal injuries.

In addition how have they obtained judgment without your Father knowing?. Has he moved house in the last few years?. If so he could apply to the court to set aside judgment but if he was insured at the time of the accident, his insurers should deal with this further claim. I recommend he therefore contacts his insurers as soon as possible and tell them about this latest development and pass on Horwich Farrelly's details to them - they should deal with this for your Father as he was covered at the time of the accident.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

JimLawyer and other Australia Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you Jim. - that is very useful. The only problem may be is that his car insurer is now different to the one he had 5 years ago. Is the previous insurer still liable to assist? I also read somewhere that claims for compensation following an accident can be made up to three years after the accident occurred or three years after you discovered the injury was linked to the accident – whichever date is later but it has now been 5.

Yes, the policy was in force at the time and so he can just pass the solicitor's correspondence to the insurer. I would email Horwich Farrelly with the insurer details (policy number, address, etc). Yes, 3 years is the limitation date for injuries (if the claimant was 18 or older at the time). It is 6 years for all other claims

Customer: replied 10 months ago.
My father has not moved house and the judgement has been obtained without his knowledge.

Thanks, ***** ***** strange as the court documents would be sent to your Father being a party to the accident

Customer: replied 10 months ago.
This is why I think it sounds a bit dodgy!

Yes, I would ring the insurer as soon as possible anyway

Customer: replied 10 months ago.
Thank you once again Jim. feel better knowing what needs to be done. Best regards.

No problem, happy to have helped, thanks