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small claims

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wesleyite | 18:27 Sun 01st Mar 2009 | Law
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I was involved in an accident in Sep 2008.
I was coming out of a side road into a main road. Traffic was stopped because of red light. There was room for me to come out as the cars had stopped to allow me to come out. Whilst I was edging my way to enter the lane on the other side a car pulled over from behind(over taking cars already stopped at the red light and already given me way to enter).The other car rubbed against my car causing him damage to his near side doors.
I am sure my insurance company has settled this claim.
Can the other party make a civil claim too?
wesleyite1
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Do you mean a claim for personal injury?
If they do make a new claim for personal injuries then our insurer will deal with it. If theclaimant's solicitor writes to you just pass it to your insurer.
I would have thought though that in this case the other driver would have been considered partly responsible- maybe 50% as the other car should have proceeded with caution in these circumstances





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TO factor30,
thank you.claims is for damage to vehicle.
I'm not clear what you are saying. You said "I am sure my insurance company has settled this claim". So what can this civil claim be for damage to their vehicle?
Have they actually now made a civil claim or are you just wondering whether they might make one.
It sounds as if you're not giving all the facts here. Why would the other party want to make a civil claim if, as you believe, your insurance company has already settled the matter.
Was anyone injured? Are both of you disputing what and how it happened? If so, I'm surprised that no one phoned for the Police to attend the scene at the time.
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factor30
nobody was injured.i have been sent a claims form the other party's solicitor for damages incured to the vehicle for x no of �s. I am sure my insurance co would have settled the claim
so, why should a 2nd claim come for damages to the vehicle for me to pay?
thanks
What has your insurance company got to say about this second claim form? Do they actually know about it? Was it sent to you directly or via your insurance company?
If you have fully comp insurance, then any direct dealings you have should be between you and your ins company, assuming that your ins includes accident insurance cover.
Sounds like you need to speak urgently to your own ins company, especially as you give the impression that they are unaware of this second claim from the other party's solicitor.
I'll keep out of this now as we don't know all the facts and at the moment something doesn't seem quite right. Rather than relying on info from AB readers when we haven't got the full story, i think It's far better that you pass this on to your insurance company- that's what you pay your premiums for.
Let us know when you get more info though
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factor30 & paraffin thanks wil keep u posted

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