Legal Issue.? I'm confused..??

A legal issue here.

Over 3 years ago I had a car crash. I was doing about 20 ks an hour on this truely terrible narrow gravel mountainous road in a toyota prado towing an off road camper trailer, car probably worth 35k second hand. Camper trailer undamaged. I had the wife and 3 kids in.

A bloke in a clapped out 20 year old toyota hylux, probably worth 5 k, was doing way too fast and lost it going around a corner and slammed into me.

After the crash, there was no hostility at all. We were all very calm. The other bloke admitted to me he was in the wrong. Every thing was fine. He admitted he was going too fast [but so what?] and we parted after exchanging details. I reported the crash to police, etc.

His car was a right off, and mine got about 20k damage. I got the car repared, insurance paid for the lot. I even rung this bloke up, and he said he was very very sorry, and offered to pay my insurance excess, and he did. Can't get much better than that eh?



So, just a month ago I get rung up by some woman from my insurance company. [No,,,, correction, she's from a lawyers firm..??]. She's asking me all these details over again. Rung up another few times, asking the same questions. Then she sends me this big document. Is it an affidavit? All these questions are again on this document, and I'm supposed to sign it in numerous places to say it's all true.

It appears it's going to go to court. The document says I'm the plantiff, and the other bloke is the defendant..??

What the hell is this all about?
Should I sign it?
Dad reckons I should take it to a solicitor?
What happens if I screw the document up and chuck it?

Maybe the other bloke had no insurance, and my insurance company is up him for the money? But it's really only my word against his, so how could he be proven quilty? No one else saw the crash. hell..!!, it took 20 minutes for another car to even come along.

So why am I the plantiff? It should be the insurance company surely?
I have no problem with the other bloke. I got my car fixed, and the other bloke even payed my excess.

What do youse all reckon here..??


See ya's.
 
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What the hell is this all about?
Should I sign it?
Dad reckons I should take it to a solicitor?
What happens if I screw the document up and chuck it?
What do youse all reckon here..??
TC, you must do nothing except contact your own insurance company again. Since they are insuring you / your actions they require you to tell them about stuff like this.
 
TC, you must do nothing except contact your own insurance company again. Since they are insuring you / your actions they require you to tell them about stuff like this.


Yeah. OK. The woman works for some lawyers. I've got my insurance money years ago.

Hm. I said the woman I've been in contact with is from my insurance company. I'm wrong, she works for a lawyer firm.


See ya's.
 
This should have been sorted ages ago by your insurance company and the other party.

I would have thought if it was a property case his solicitor would be dealing directly with your insurance co. (your insurance co. wouldn't want you to deal with it anyway) which is why I think the other guy could be going for an injury compensation payout.

Contact your insurance company to find out if the third party property was sorted and if so it may be an idea to contact a solicitor before responding.
 
So, just a month ago I get rung up by some woman from my insurance company. [No,,,, correction, she's from a lawyers firm..??]. She's asking me all these details over again. Rung up another few times, asking the same questions.

I hope you were informed whether or not she was recording the conversation to use against you later....and more importantly I hope you didn't tell her anything....


I'm sure if you called her up and demanded she answer a whole bunch of your questions to incriminate and damge herself, do you think she would be forthcoming or just slam the phone down in your ear ??


Then she sends me this big document. Is it an affidavit? All these questions are again on this document, and I'm supposed to sign it in numerous places to say it's all true.


You aren't supposed to do anything, and you should definitely not sign anything. Tell her to go whistle Dixie.
 
I think you've been thrown a lot of red herrings on this one, TC.

What I'm pretty sure is happening is that your insurer is going after the other guy for what they had to pay out to fix your car, because it was his fault. It has no implications for you, really; nobody's suing you, and whilst you're nominally the plaintiff, your involvement will probably be pretty minimal.

Every insurance policy includes a clause that says that you agree that the insurer the right to initiate legal proceedings on your behalf, to recover monies that they outlay for incidents that weren't your fault. The clause also requires you to assist them in taking such legal action. It doesn't usually happen, but that other guy must have significant assets or something, and the insurer has decided to pursue him.

If you don't help them, you may have to repay your own repair costs for having breached a condition of the insurance, so I definitely wouldn't just rip it up.
 
Based on the details provided, Ozperp is on the money. Having indemnified you, you have subrogated your rights to the insurer and they are no seeking recovery for their (your) loss fromthe guilty party.

To put it in property terms, a mortgage insurer, having paid out the bank, comes after the borrower. Essentially the same thing here.
 
Even if it is a lawyer for the other guy, surely the fact that he has paid your excess( may I presume you have proof of this) might effectively be seen as an admission of guilt? Can't see that you'd need to be highly concerned...
hope it all blows over soon.
 
Even if it is a lawyer for the other guy, surely the fact that he has paid your excess( may I presume you have proof of this) might effectively be seen as an admission of guilt
I'm 99% sure it's not a lawyer for the other side; it's the insurer's lawyer who's been talking to TC, ie somebody who's on TC's side of this incident.
 
If it is the lawyer for TC's insurer then surely the insurance company and the lawyer will confirm that? I wouldn't worry about it TC as long as that has been established. If it is a lawyer acting for the other party then I would still be contacting your Insurer about it.
I am sure it has been documented by your insurance co that the other party said sorry etc. It is also a good reminder to never say sorry when involved in a crash.
Why don't lawyers introduce themselves properly in the first place and isn't it a pain that something bobs up years after everything has been dealt with.
 
Maybe it is different in SA but personal injury from car accidents has nothing to do with Car Insurance, but with Car Registration which is a Government issue.
 
Thanks everyone. I've been out playing tennis.




Even if it is a lawyer for the other guy, surely the fact that he has paid your excess( may I presume you have proof of this) might effectively be seen as an admission of guilt? Can't see that you'd need to be highly concerned...
hope it all blows over soon.


Yes, I have proof he paid my excess.

See ya's.
 
What I'm pretty sure is happening is that your insurer is going after the other guy for what they had to pay out to fix your car, because it was his fault. It has no implications for you, really; nobody's suing you, and whilst you're nominally the plaintiff, your involvement will probably be pretty minimal.

If you don't help them, you may have to repay your own repair costs for having breached a condition of the insurance, so I definitely wouldn't just rip it up.


Hmm. Thanks Ozperp. I'm hopeing your right here.


See ya's.
 
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