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Told to attend court..procedure

  • 16-11-2011 1:42pm
    #1
    Gel
    Registered Users, Registered Users 2 Posts: 240 ✭✭


    Hi,

    Our neighbour has claimed against our insurance company for water damage as a result of a burst pipe. The insurance company have already settled our claim but are now defending the third party claim. The insurance company solicitor's office rang to tell me to attend court next week!
    Am I obliged to attend and should I not have received a written summons?


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Get in touch with your own insurance company and ask them what the story is. A solicitor cannot compel you to appear in court, only a summons can.

    However, if it is your insurance company's solicitor, then it may be in your interests to appear.


  • #3
    Gel
    Registered Users, Registered Users 2 Posts: 240 ✭✭Gel


    Actually, the solicitor didn't even ring, it was his secretary. She also asked for my mobile to keep in contact. I thought all this stuff would have to be in writing. She said that I could ring next week and talk to the solicitor if I wanted.
    Strange!


  • #4
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    If you read the fine print in your policy it will say something to the effect of that you are obliged to give all assistance in defending claims , if you fail to turn up you may find your cover is voided.


  • #5
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,987 ✭✭✭✭Peregrinus


    They can summons you if they want, and they will do if they think you won't turn up. If they haven't summonsed you, it's probably because they expect you to be co-operative, and why wouldn't you be?

    Your neighbour isn't suing your insurance company; he is suing you. Your insurance company is indemnifying you, meaning that they will pay any liablity that the court may find you have. Part of the deal is that, because they are carrying your risk in this court action, they get to manage the court action, hire the lawyers, decide when to fight and when to settle, etc. Another part of the deal is that you will co-operate and not obstruct their defence of the claim. A reluctance to give evidence would certainly count as obstruction and non-cooperation, and exposes you to the risk that the insurers will disclaim cover and leave you to face your neighbour on your own.

    Give them your phone number, assure them that you will turn up, and do in fact turn up. It's very much in your interests to do so.


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