One for any legal eagles out there

GreiginFife

GreiginFife

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In November last year I had someone go in to the back of me at traffic lights, nothing major in terms of speed so no injuries but the back of my car (bumper, mounts and brackets) were snapped and twisted - so needed replacing.
Did the necessary and took details and then notified BMW Accident Aftercare, a service that BMW provide for non-fault accidents, through Accident Exchange.
So two days later they come and collect my car (320 coupe) and leave me a 320 coupe as my courtesy car. Repair took 2 weeks.
A week after the accident I finally hear a peep from her insurer admitting liability.
I then got a call from a solicitors firm asking me questions about accident exchange and my courtesy car, making out that they were representing Admiral, my insurer (who I hadn't notified).
Today I got a letter from the solicitors advising that I have a "pending court action" that I know nothing about in relation to the accident.
Anyone any ideas what this is about as by the time I got the letter their office was closed.

Cheers
 
Hmmm sounds like scare mongering. Too be fair when I have had an accident and has solicitors ring me I asked them to contact my insurance company and not me.
If her company admitted liability surely it's as good as a closed dispute?
Does it say exactly what the pending court action is? I'm presuming it's civil case as appose to criminal
 
If at the time, you were suspected of any Injudicious action (which it appears you werent as someone who has run into the back of you has admitted doing it), then you would have to have been told by any attending police officer at the scene if you were to be reported for any offences. If this didn't happen at the scene of the accident then you should have been sent a notice of impending prosecution with 14days, in writing (just like a speeding ticket or a red light offence).

Without knowing the exact contents of the letter, it's difficult to comment, but the other advice on here, seems pretty sound. CAB are always worth a call if you are not sure.
 
connor said:
Yet you have received no formal summons?

Hmmmm I would suggest going to see citizens advice bureau or even see if they have an online web chat to help.
Click to expand...

Thinking this myself, why would a solicitor advise you of court action? This normally comes from the courts in form of a summons.
 
Spoke to a solicitor mate (well his missus) and she reckons the other insurer isn't happy with the costs that Accident Exchange have charged for the courtesy car hire and are trying to pursue me for the odds.
They can take a flying **** if that's the case.
 
GreiginFife said:
If that's the case then I'm sure I will be pleased to see them in court. Sure I have a document from AE that was mitigation against such action. Need to check though.
Click to expand...

You are normally expected to advise your insurers of any accident even if not making a claim from them... Not doing so has nothing to do with the other partys insurers... Make sure AE is informed of all the 'new' correspondence relating to this... As they'll be able to advise you correctly of any action you need to be taking [if any at all]...
 
MegaSteve said:
You are normally expected to advise your insurers of any accident even if not making a claim from them... Not doing so has nothing to do with the other partys insurers... Make sure AE is informed of all the 'new' correspondence relating to this... As they'll be able to advise you correctly of any action you need to be taking [if any at all]...
Click to expand...

Will do Steve, good advice. Will give AE a phone tomorrow and bring them up to date.
 
I think it's more likely to be the other way round and you are actually the claimant rather than defendant. Accident exchange don't provide a courtesy car as such, they are a credit hire provider. They tend to charge high rates and the repair periods are often not exactly rushed. A lot of insurers don't like this approach as it needlessly inflates claims.

If an insurer refuses to pay the full bill and the credit hire company think the have a strong case they will issue court proceedings. However they cannot be a party to the action as they werent involved in the cause of action, the accident. They have to issue proceedings in your name as you are effectively the Claimant (you hired the vehicle on a credit basis so it's effectively your loss, gotta love small print).

If my assumption is right then it's incredibly poor form for them not to let you know they were issuing proceedings.
 
GreiginFife said:
In November last year I had someone go in to the back of me at traffic lights, nothing major in terms of speed so no injuries but the back of my car (bumper, mounts and brackets) were snapped and twisted - so needed replacing.
Did the necessary and took details and then notified BMW Accident Aftercare, a service that BMW provide for non-fault accidents, through Accident Exchange.
So two days later they come and collect my car (320 coupe) and leave me a 320 coupe as my courtesy car. Repair took 2 weeks.
A week after the accident I finally hear a peep from her insurer admitting liability.
I then got a call from a solicitors firm asking me questions about accident exchange and my courtesy car, making out that they were representing Admiral, my insurer (who I hadn't notified).
Today I got a letter from the solicitors advising that I have a "pending court action" that I know nothing about in relation to the accident.
Anyone any ideas what this is about as by the time I got the letter their office was closed.

Cheers
Click to expand...


Your legally obliged to tell your insurance company of any accident as far as I'm aware. Your insurance company may not have authorised such an expensive replacement car. That could be the stumbling block but I'm only guessing!
 
thecraw said:
Your legally obliged to tell your insurance company of any accident as far as I'm aware. Your insurance company may not have authorised such an expensive replacement car. That could be the stumbling block but I'm only guessing!
Click to expand...

Checked that out before using the BMW aftercare service Craw, for non fault you don't have to notify your own insurer.
 
Jay1 said:
I think it's more likely to be the other way round and you are actually the claimant rather than defendant. Accident exchange don't provide a courtesy car as such, they are a credit hire provider. They tend to charge high rates and the repair periods are often not exactly rushed. A lot of insurers don't like this approach as it needlessly inflates claims.

If an insurer refuses to pay the full bill and the credit hire company think the have a strong case they will issue court proceedings. However they cannot be a party to the action as they werent involved in the cause of action, the accident. They have to issue proceedings in your name as you are effectively the Claimant (you hired the vehicle on a credit basis so it's effectively your loss, gotta love small print).

If my assumption is right then it's incredibly poor form for them not to let you know they were issuing proceedings.
Click to expand...

Thanks Jay, will check this out with AE tomorrow.
 
GreiginFife said:
Checked that out before using the BMW aftercare service Craw, for non fault you don't have to notify your own insurer.
Click to expand...


Look at the small print in your own insurance paperwork. It will say your legally bound to inform them of any accidents fault or not.
 
thecraw said:
Look at the small print in your own insurance paperwork. It will say your legally bound to inform them of any accidents fault or not.
Click to expand...

Although this is a standard condition with most policies, it wouldn't be a reason for any form of court action. May just effect future cover.
 
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