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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11997
Experience:  Senior Associate Solicitor
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My mother was involved in a small bump in a car park she was

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my mother was involved in a small bump in a car park she was at fault. She had taken the wrong car uninsured. Nobody was hurt and minimal damage.
JA: Where is your mother? It matters because laws vary by location.
Customer: she was in Clitheroe lancs
JA: What steps has your mother taken so far?
Customer: Because my mother was worried and the lady told my mother the car was was a write off she offered the lady 6500 pounds the lady refused and wanted 10,000.pounds. My brother and myself live in the States and my mum is 80 a
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my mother said she was not going to pay and the lady has gone to the MIB

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. The MIB will only accept a claim if the other party has reported this to the Police. The MIB is a government body set up to compensate victims of uninsured or untraced drivers. So whether this lady's claim is accepted by the MIB remains to be seen. If your Mother was not insured and the MIB do not accept the third party's claim, your Mother would be liable for the property damage but only if it can proven she caused the accident.

If they do sue, she will receive court documents (a response pack) which she must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 6-12 months to be decided at court. If she lost then she would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest. If she was unable to pay the full sum owed at that point she could also ask the court to pay by instalments (a simple form is sent in, form N245, and a fee of £50 unless she qualified for a fee exemption so if she is on a low income, have low savings or in receipt of benefits then she would qualify).
I can assist her going forwards if it gets to the point they issue a claim.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 12 days ago.
Is there anyway I could speak to someone for 10 to 15 minutes if I need to pay extra please let me know

Hi there, I can't take a call at present but note you have requested one - another expert should contact you shortly to discuss further.
Many thanks

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