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Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
The insurer can get out of paying this claim - if you do not send them proof of no claims discount. Which it appears they have - you need to respond to the lawyer acting for the claimant and say that you are uninsured and ask them to redirect the claim to the Motor Insurers' Bureau (MIB) - which is a governmental body set up to compensate victims of uninsured or untraced drivers. If their claim is not eligible then they may still pursue you however. When you receive the letter of claim, reply to say you acknowledge it and that a liability response will be sent to them within the 3 month time period which is allowed under the personal injury pre action protocol. You should ask them for a copy of the claimant's medical records (to check whether they sought medical treatment and also to check for any pre existing shoulder injuries). They will send you the records if you ask for them - you do need to see them. If you prefer, assuming the MIB do not accept their claim, you can ask a defence law firm to defend the claim / seek to get it struck out. It doesn't sounds like a high claim - the claimant will need a medical report for their injury. They may try to pursue you without a lawyer (not sure from your question if they are using a lawyer or not). If you would like a firm to help you with this try any of these :
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
No, you don't as no crime has been committed.
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