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

[weg]

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.

True for SA but I based my thoughts on the fact that TC was not real sure who this solicitor was and what she was trying to achieve.

It's possible though that the solicitor is bypassing TC Insurance co. in an attempt to undermine their claim .

3 years just seemed to me a bit long to be fighting a property claim.

 

[topcropper]

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....
.

Well, I just told her everything that happened. Told her a few times now, as she has rung up a few times, and it was all written down on paper over 3 years ago with the insurance claim etc, and even the report to the police.

But the fact remains that except for my wife and kids, no one else saw the crash.


See ya's.

 

[hobo-jo]

Have you contacted your insurance company for advice? If not I would call them ASAP and get a copy of the documentation faxed to them and they should be able to advise you if there is anything else you need to do.

 

[DavidMc]

I was in a situation like this and can recommend you let your insurance companies lawyers go into bat for you, or at least ask them for advice on what to do.

 

[topcropper]

I was in a situation like this and can recommend you let your insurance companies lawyers go into bat for you, or at least ask them for advice on what to do.

Well, I think the lawyers I'm talking to are the lawyers for my insurance company.

I'm pretty sure Ozperps explanation is spot on now. I've got nothing much to worry about.



Part of the problem is I think that initially this lawyer woman has rung me while I'm at work on my mobile, I've been busy loading a truck, driving equipment, etc and not paid full attention. I've been wondering why the hell this was all still important to anyone. She's probably told me some of the important details like who she was working for and why, and I've not taken it in.

Then it all turns up on my desk asking me to sign all this crap, and I've paniced a bit.



Thanks everyone for the advice, especially Ozperp and propertunity, who I think are on the money here, but I'll let yas know what happens.


See ya's.

 

[Aaron Sice]

wait - TC - you're the PLAINTIFF - as in, the person with the claim?

wouldn;t the INSURANCE COMPANY be the plaintiff?

is this a legal mob trying to get you to sign something allowing them to go after this guy - extra over - like ambulance chaser and then they take a nice PHAT cut of the windfall?

cover all bases mate. i wouldn't sign a damn thing.

 

[topcropper]

wait - TC - you're the PLAINTIFF - as in, the person with the claim?

wouldn;t the INSURANCE COMPANY be the plaintiff?

.

Yeah, that's exactly what I thought, why am I the plantiff?


I went and saw a solicitor. Everything is fine. It's just my insurance company tying to get money from the bloke who crashed into me who it turns out was uninsured. My insurance company has employed the lawyers firm. Apparently it's the norm for me to be the plantiff.

I've signed everything and sent it away. Just as Ozperp says, there could be ramifications for me if I don't. I'm apparently obligated to help my insurance company in this situation.

I'm not real happy about it though. I had no problem with the bloke who crashed into me. I don't think he would have many assets, but maybe the insurance company knows better. Plus, no one saw the crash, it's basically my word [and the wifes] against his. Even the police didn't attend the crash scene, as it's 70 ks from a police station. But my insurance company knows he paid my excess and has the proof, or so my solicitor reckons, so the other bloke is in trouble.

I feel a bit bad that by the other bloke by doing a good deed and offering to pay my excess, that he will now get screwed by my insurance company.


See ya's.

 

[Strannik]

the only way for him not to get screwed by your insurance company would have been to pay for repairs to your car himself.

insurance companies are not charities, so they try to recover money everywhere they can, otherwise your premium would be through the roof.

If you really feel for him, you could send him a cheque for the amount of excess he paid

 

[topcropper]

Yeah, that's a fair call.


See ya's.

 

[pulse]

I feel a bit bad that by the other bloke by doing a good deed and offering to pay my excess, that he will now get screwed by my insurance company.

that's why you need 3rd party property... A friend fell asleep after all night at work (driving home at 9am) Cleaned up five cars.. now in a payment plan with a few insurance companies

Cheers
Pulse

 

[Y33]

In these type of situations never answer questions on the phone. Ask for someone to come and see you when convenient for you. The same with any documentation that needs to be signed. If you don't understand it never never sign it. Always have your own lawyer/solicitor check any documents.

 

[josko]

Hi TC,

What a pain! I hope you can wipe your hands of this soon. I don't like the sounds of it.

What a situation to find yourself in and you are completely innocent of any wrong doing.

Ozperp, you're on the ball as usual.

Good Luck Tc.

Regards JO

 

[Perp]

wait - TC - you're the PLAINTIFF - as in, the person with the claim?

wouldn;t the INSURANCE COMPANY be the plaintiff?

I went and saw a solicitor. Everything is fine. It's just my insurance company tying to get money from the bloke who crashed into me who it turns out was uninsured. My insurance company has employed the lawyers firm. Apparently it's the norm for me to be the plantiff.

As TC says, it's the norm for him to be the plaintiff, because the guy crashed into TC, not into the insurer. When the insurer compensates you for the damage, a condition of accepting payment for the damage is that you agree to assist your insurer in recovering those monies (where it's possible; usually it's not worthwhile).

The insurance company has the right to initiate legal proceedings on TC's behalf to recover their damages, that's why he's the plaintiff.

It's no big deal; his involvement is probably already finished and he may not even ever hear the outcome.

 

[Pushka]

Wouldnt it have been so much simpler for TC if the Insurance Company just sent him a one paragraph letter saying that as there were legal issues to be considered with the other driver, that he would soon be contacted by ABC legal company in order to commence this process, and that his involvement would most likely cease at that point.

Especially years after the event. Instead, out of the blue he was contacted on the phone by a lawyer, who assumed the listener (TC) understood the probably hurried message, he had a little worry p), and then felt the need to pay for his own legal advice.