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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17181
Experience:  I have been practising for 30 years.
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My daughter was injured in a car accident with my ex husband

Customer Question

My daughter was injured in a car accident with my ex husband (her dad). He made a claim for himself and her. Many months later he transferred £1400 into her bank account but has refused to show her or me any letter or correspondence showing a breakdown of how much she was awarded. She has asked him while at his house and he just showed her his letter. I have asked him and he has refused. I really need some advice on this
JA: What steps have been taken? Have any papers been filed in family court?
Customer: no nothing yet I have no idea what I can do
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: he lives in staffordshire, I live in cheshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 4 days ago.
Category: Law
Expert:  F E Smith replied 4 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

how old was your daughter at time of accident?

who was driving?

and what do you suspect please?

Customer: replied 4 days ago.
My daughter was 11 at the time, the accident happened in December 2018. She is now 13. Her dad was driving but was not at fault with the accident and her sister, who was 10, was also in the car but not injured. My daughter has an ongoing medical condition and the whip lash aggravated it. I suspect given how secretive he is being and how he just transferred money across into her bank account that he has kept some for himself.
I want to know what I can do about this.
Expert:  F E Smith replied 4 days ago.

Thank you. The very fact that he is refusing to let you have any details is in itself suspicious.

There is a three-year time limit to bring a claim for personal injury but that 3 year limit doesn’t start to run until the child reaches 18.

Your husband will have parental responsibility for the child because you were married and therefore he is entitled to settle the claim and if it has been settled on a full and final basis, it doesn’t matter what has happened since, that’s the end of it.

She may have a negligence claim against him but that’s a different issue altogether.

If it has been settled altogether, the payment would normally be made to the parent who would then sign a “parental indemnity” which puts the parent in the frame for a claim if the parent runs off with the money.

What you can’t do of course is beat him with a stick until he gives you details of the claim and your only remedy is to make an application to court for pre-and disclosure of the settlement and to ask the court to award the costs against him on the basis that he is being grossly unreasonable.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court. Unlikely, but do check.

If he has the money and has spent it, then it’s theft/fraud and a matter for the police.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 4 days ago.
Thank you. This was my worry that he wouldn’t be obligated to disclose as he has PR for her.
I have been advised that as I am the main primary carer I can request the information from the insurance company (I know the name of the company) and request the info via a subject to information request on my daughters behalf?Also how much would it cost to apply through the courts for pre disclosure?Also what type of solicitor do I need to speak to? Would it be one who specialises in personal injury?Kind Regards
Customer: replied 4 days ago.
The other thing to add is that he has a conviction for theft and deception from stealing from an old employer and he has ripped other family members off so I believe he is more than capable
Expert:  F E Smith replied 4 days ago.

You can request it from the insurance company but don’t be at all surprised if they hide behind the Data Protection Act.

If solicitors make an application for reaction disclosure, expect a couple of thousand pounds bill which you should recover. That is of course unless he defends it in which case it could be more expensive but if you get the order, you would normally recover those costs.

The court fee alone if you DIY is GBP308. You would normally recover that.

You can actually make an application against the insurance company although you wouldn’t recover the costs, because even though they are not involved in the litigation, they have the details you want. It is called a Norwich Pharmacal order.

The previous criminal history makes it even more suspicious.

You would need a litigation solicitor, not really a personal injury solicitor at this stage.

No problem at all. I am really glad to help. Come back to me at any time if anything else needs clarification. Kind regards

Expert:  F E Smith replied 4 days ago.

You can request it from the insurance company but don’t be at all surprised if they hide behind the Data Protection Act.

If solicitors make an application for reaction disclosure, expect a couple of thousand pounds bill which you should recover. That is of course unless he defends it in which case it could be more expensive but if you get the order, you would normally recover those costs.

The court fee alone if you DIY is GBP308. You would normally recover that.

You can actually make an application against the insurance company although you wouldn’t recover the costs, because even though they are not involved in the litigation, they have the details you want. It is called a Norwich Pharmacal order.

The previous criminal history makes it even more suspicious.

You would need a litigation solicitor, not really a personal injury solicitor at this stage.

No problem at all. I am really glad to help. Come back to me at any time if anything else needs clarification. Kind regards

Expert:  F E Smith replied 3 days ago.

Can I assist you any further with this? Please remember that I am always available to answer any follow-up questions that you may have and I am happy to deal with any new questions.

Kind regards

Francis