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high court how long it can last ?

  • 15-12-2015 10:03pm
    #1
    Registered Users, Registered Users 2 Posts: 3,739 ✭✭✭


    will try to make it short,
    3y back had car crash going back from work-frozen patch,another car crashed into me afterwards,long story short both cars were written off,had all insurance tax etc,never heard from guards nor got called in,unlucky for me other person was 80y or so old,recently after surgery wont go into details,anyway person was stressed but after an hour was fine,keep t in touch for few days,insurance covered her car in full in meantime,week later no calls and get handed with lawsuit for PI.

    year passed no news,insurance renewal came in and had to cancel to insane increase,and being named driver didnt help situation at all,then year later update was made on trying to put blame on main driver,when i was driving under named so all time wasted on making case on different person,back to square one-still nothing,then letter from court,didnt need to attend or anything since insurance had every detail,year later 2y mark got letter to show up in high court-all rewritten with pen,document stated 30 days,pen on top blanked out 30 days rewtitten to show up in 8,again back onto insurance,sending paperwork to get someone to show on time there, trying to get more details,seems they made offer,and other party refused,and afterwards it got handed to private lawyer company to deal with and no news since :cool: .

    So can anyone shed some light how long once it gets to high court before decision is made ?
    Partly im not amazed why person decided to do such stunt due to few factors since easy way to claim something where its almost impossible to say true or not,but its driving me totally nuts the amount of time it takes,and i have been warned by insurance company that such claims can take up to 6 years to settle from the start.

    So just looking for anyone who might have clue,since imagined high court would move such matters in months at most.


Comments

  • Registered Users, Registered Users 2 Posts: 78,610 ✭✭✭✭Victor


    Do you have a solicitor? They will be able to advise.

    High court cases can take any length of time - from hours to months, depending on the complexity of the case and the evidence.


  • Registered Users, Registered Users 2 Posts: 3,739 ✭✭✭scamalert


    As pointed in my post insurance is dealing with all of that,i have been given name of company they hired,but lost it,and will try to get some follow up in next month or so.Since bothered them for few months over the years with same response claim still open :cool:

    point being they stated that they tried to offer some compensation and other party was taking none of it,and even amount they look for wouldn't buy one happiness for a month.

    weeks after accident having none contact from gardai went over to station myself gave details and basically guard was off and was told if anything ill get contacted-not a single inquiry back.
    Then local court-same nothing informing that it will be happening or need to attend-guess none of the stuff was taken there,then cheek sending me letter to show up for high court in less then a week.

    Accident was admitted as my fault as losing control of vehicle thus causing it,but chancing courts like that and bringing it up without being able to see trough bull and getting case over ,is nerve wrecking when you cant get on the road for over two years just because someone decided to cash in on you.

    So when got final paper work sent and insurance transferd it to another company to handle it,thought matters would start moving in weeks,not years,as how many courts up the ladder does it need to settle such things.If first one cant make decision.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    It seems you are being sued, but your insurer has taken over the defence of the claim.

    The solicitor nominated by your insurer will keep you advised re hearing dates etc


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    As mentioned above, it can take any amount of time. The general process is:

    1) Accident
    2) Property damage is settled
    3) In the event of an injury, the (seemingly) not at fault person lodges an injury claim with the injuries board, perhaps via their solicitor. Usually 3-6 months will have passed before a claim is lodged depending on the injuries. The injuries board process can take a good year to finish if engaged with, or it could be a matter of days if not engaged with.
    4) When a case moves to court, it is (i think) an average of years before a case is settled and they usually settle outside the court.

    Both motorists get screwed by the insurance company with an open claim. You shouldn't assume that the other motorist wasn't injured. You could never know this. Last year, someone crashed into the back of me. Both the other driver and i thought we were both fine. Long story cut short, i had surgery on my spine 3 weeks ago because of the accident and have been in pain for longer than i would wish on my worst enemy. Shock and adrenaline mask injuries very well. And even a low speed collossion can cause significant damage.


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