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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 17682
Experience:  Solicitor
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In 2012 My adult son (22yrs) drove my car (without

Customer Question

In 2012 My adult son (22yrs) drove my car (without permission) and had an accident. He is not named on my insurance papers.The isurance company paid out, and are now claiming back from me and my son. 10k+ .
1. can i have my name removed from the court papers - i cannot have a ccj due to my job - and don't have 10k
2. how can my son or me negotiate down and reduce the claim -legally and with pursuation .
3. any other advise will be welcomed
4. can we be represented before and in court - as we need defence statements drafted in the next few days.
5. Arbitration was attempted by not fully explored - due to my son been away and other side said time had passed (do not agree with this)
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
6. will you be willing to review our defence statements and attached documents - please confirm.
Expert:  Jamie-Law replied 2 years ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to ask me about this today please?

Customer: replied 2 years ago.
Hello,
1. my questions are already contained in my email to you. 6 points in total. Please look at these.
2. Are the lawyer with the police station experience in you profile - thanks
Customer: replied 2 years ago.
HERE IT IS AGAIN
...
In 2012 My adult son (22yrs) drove my car (without permission) and had an accident. He is not named on my insurance papers.The isurance company paid out, and are now claiming back from me and my son. 10k+ .
1. can i have my name removed from the court papers - i cannot have a ccj due to my job -and don't have 10k
2. how can my son or me negotiate down and reduce the claim -legally and with pursuation .
3. any other advise will be welcomed
4. can we be represented before and in court - as we need defence statements drafted in the next few days.
5. Arbitration was attempted by not fully explored - due to my son been away and other side said time had passed (do not agree with this).
6. will you be willing to review our defence statements and attached documents - please confirm.
Expert:  Jamie-Law replied 2 years ago.

Ok, I thought you had asked me to review papers.

1) No. Just because there is a claim, does not mean they will win against you.

If your son drove without your permission then you will not be liable. It is only where you have been negligent, here you were not. You did not give permission

2) You can only do this by writing to the other side and offering a settlement. Just because they are claiming £10k, does not mean they will settle at that. They may take far less

3) If it does go to Court I would suggest you get a public access barrister. You can find out at:

www.clerksroomdirect.com

www.mybarrister.co.uk

4) Yes. You may well get a Barrister to help with your defence statement too.

5) Sadly, nothing you can do about this now

6) If you wish. But in any event, it sounds like you are not liable. Your son is. He will have to pay all this himself.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 years ago.
Ok, I thought you had asked me to review papers -
Yes : I will like you to review papers . I am still compiling these so you get a full picture and get to u - few hours7. The matter is already in court - and there is an existing order in place - will attach also if Ok and confidential.
Expert:  Jamie-Law replied 2 years ago.

No. You need to redact any personal details.

Customer: replied 2 years ago.
see attachement - 2 Withness statement
8. Please advise on legal procedure to request for my name be remove from the court proceedings since son is an adult and willing to take responsibility,
9. The motoring Act that allows Insurance coy to claim from the actual offender not just the Insured person
10.Advise on negotiation mothod or typical letter to use to request for a lower claim figure - how to approach the insurance coy before court date.if it goes to court how best to mitigate final award by judge. Note initial spent was 14k but Insurance claiming 10k in court plus costs. Isurance company saying i signed a document asking them to act on my behalf to resolve the accident then claim from me. pls advise
Expert:  Jamie-Law replied 2 years ago.

8. You can't request it is removed. The Court has to find in your favour. You can make an application but it will cost you £255 and there is no guarantee the Claimant would consent.

9. Yes. But you didnt know or give permission, so you wont be liable.

10. You can just offer on a without prejudice basis a lower figure. Just say that the cost of litigation, the litigation risk etc.

Does that assist?

Customer: replied 2 years ago.
it helps.
11. Please see if you can comment on the witness statements and and further defence . this has to go in few days.
12.will these be good enough to convince a judge to find in my favour to remove my name or remove me from any conviction or award is not also attached to me as 1st defendant .
13 any case law - or is this barrister territory. any case law or acts -
Expert:  Jamie-Law replied 2 years ago.

11. Your statement is fine, but you need to tidy up the formatting etc.

12. I can't say - it is down to a Judge, but seems ok

13. No case law here. 99% of cases are not reported and this will go before a District Judge. Only High Court decisions are binding.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 2 years ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.