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Accident Claim

  • 28-03-2018 9:52am
    #1
    freeflowing
    Registered Users, Registered Users 2 Posts: 17 ✭


    I was involved in an motor accident over a years ago, i don't really want to get into much details, but i had received a letter months ago about a claim being made against me so i rang the insurance company and they said they would be handling it which was fair enough..

    But today i received a letter from the high court about this and that i or my solicitor will have to be present in court within 8 days..No mention of the insurance company anywhere on the letter..

    Anyone any ideas and whats going on???


Comments

  • #2
    Chiorino
    Registered Users, Registered Users 2 Posts: 622 ✭✭✭Chiorino


    Forward any correspondence to your insurer. They will be taking care of this.


  • #3
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Sounds like a summons- send it to your insurer


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,647 ✭✭✭✭Victor


    Chiorino wrote: »
    Forward any correspondence to your insurer. They will be taking care of this.
    Copy any correspondence to your insurer and keep a copy for yourself.

    You need to make sure someone shows up in court.


  • #5
    freeflowing
    Registered Users, Registered Users 2 Posts: 17 ✭freeflowing


    Thanks for the reply guys, yep iv sent a copy of everything to the insurance company and they said they would sort it from there...

    Was a bit worried there this morning, as the letter was hand delivered to me....


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,704 ✭✭✭✭coylemj


    freeflowing wrote: »
    Thanks for the reply guys, yep iv sent a copy of everything to the insurance company and they said they would sort it from there...

    Was a bit worried there this morning, as the letter was hand delivered to me....

    This is a civil case, the guy claiming against you is the plaintiff and you are the defendant. Even if your insurance company is effectively dealing with the case and will probably write a cheque to settle it, you will remain as the named defendant all the way through to the conclusion of the case so it's perfectly normal for court documents to be served personally on you.


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  • #7
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    coylemj wrote: »
    This is a civil case, the guy claiming against you is the plaintiff and you are the defendant. Even if your insurance company is effectively dealing with the case and will probably write a cheque to settle it, you will remain as the named defendant all the way through to the conclusion of the case so it's perfectly normal for court documents to be served personally on you.

    There is no need to turn up in court. What is required is that an appearance is entered within 8 days. This is a form that the o/p or his solicitor file in the court office. Once a solicitor files it and future documents will be sent to the solicitor.


  • #8
    coylemj
    Registered Users, Registered Users 2 Posts: 25,704 ✭✭✭✭coylemj


    4ensic15 wrote: »
    There is no need to turn up in court. What is required is that an appearance is entered within 8 days. This is a form that the o/p or his solicitor file in the court office. Once a solicitor files it and future documents will be sent to the solicitor.

    'What is required' is that the OP passes all correspondence to his motor insurance company, they are taking care of things.


  • #9
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    4ensic15 wrote: »
    There is no need to turn up in court. What is required is that an appearance is entered within 8 days. This is a form that the o/p or his solicitor file in the court office. Once a solicitor files it and future documents will be sent to the solicitor.

    Why would the OP or his own solicitor enter an appearance when he is insured. How would the insurance company solicitor be able to file a defence if another solicitor has entered an appearance?


  • #10
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Really Interested wrote: »
    Why would the OP or his own solicitor enter an appearance when he is insured. How would the insurance company solicitor be able to file a defence if another solicitor has entered an appearance?

    The o/p is being sued. Either he or someone on his behalf must enter an appearance. As he is insured, the appropriate thing is for his insurance company's solicitor to do it. It often happens that a person gets their own solicitor to do it and then the insurance company requests the file afterwards. As pointed out the o/p should send the papers to his insurance company and let them enter an appearance.


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