Car Accident - Summons

[lackie]

Last October my husband had a bump in the car. We informed his insurance and sorted all the paperwork etc. Out of the blue 2 weeks ago he received a letter telling him he will receive a summons to appear in court regarding the accident. We are in our late 70s and have never ever had this sort of experience before. We sent the letter to the insurance company and not hearing from them he phoned them after a week to ask what was happening . He was assured that everything was paid and settled. This morning he received a summons to appear in court. (The insurance states free legal advice). We really really do not want to go to court. Please someone give us advice.

[Buenchico]

I think that we'll need some more information here.

Which court has issued the summons? Is it a county court (in respect of a civil claim for damages) or a magistrates' court (in respect of an alleged motoring offence)?

[DSJ]

What are you accused of doing?

[lackie]

Hi there - The summons is for the family court where we live for the sum of 1200 plus costs.. (sorry lost my pound sign). The insurance company said they have settled everything. They are shut until Monday (Flux insurance).

[lackie]

My husband had a minor car accident in a car park.

[Buenchico]

It could simply be an administrative error (either by your own insurer or by the other party's insurer). You can probably get it all sorted out quickly with Adrian Flux as long as you can tell them exactly what the £1200 is being claimed for. (Is it for damage to the other person's vehicle, for alleged injury to them or, for example, for their loss of earnings while their vehicle was off the road?).

[lackie]

Thanks for your reply Buenchico. The money is for their car repair - ours needed no repair. They also had a hire car. We are just clueless of what next - cannot even understand half the paperwork.

[Maydup]

If you are insured with Adrain Flux, Eat Winch, they are ther all day today. Ring them now on

0344 381 6502

https://www.adrianflux.co.uk/contact/

[Maydup]

I meant East Winch not eat! Near Kings Lynn.

[Buenchico]

. . . & Flux Direct's website says that their lines are open until 2pm today. (0800 032 5345)

[TonyV]

Lackie what date is your court date?

[lackie]

It just says served on the 8 March. ?? Just phoned Flux was told to phone the claims dept ERS who are shut until Monday. Still no joy.

[New Judge]

"It just says served on the 8 March. ??"

So it says it was served next Tuesday!!!

Get in touch with your insurers on Monday and ask them to sort it out pronto and let you know the outcome. When you know, contact the court in question and let them know (the insurers will probably neglect to do this). Keep in touch with the court because the matter may not be discontinued. If it is not you should attend on the hearing date and explain what has happened. If you don't a judgement may be awarded against you in your absence.

[lackie]

Ouch New Judge. Starting to panic now. Does that mean the summons to court is for Tuesday? There is a lot of paperwork asking bank details and all sort of things.

[New Judge]

From your wording (“served on the 8 March.”) that would appear to be the date on which the papers were served to you!!! (that’s why I said “they were served next Tuesday”).

There should be a date on which any court hearing is to take place and that should give you a decent amount of time to get your information together. It would certainly not be just a matter of days. Have a look through the papers and see if any dates for a hearing are mentioned.

Your first port of call should be your insurer’s claims dept. (You need to contact them anyway in case the sums claimed in this matter are in addition to the sum they have already settled). Find out what they have paid out and to whom. Then get them to make enquiries about this matter. That’s what you pay them to do.

[lackie]

Thank you for your advice New Judge. It appears we are stuck until Monday, but we will follow your advice. Have looked through the papers and cannot find any hearing date, other than something about needing another 14 days extra time. Don't understand the jargon. Nevertheless, thank you. The date is a date stamp which says - 'Date of Servic 8 March 2016' (minus the e).Thank you for your advice New Judge. It appears we are stuck until Monday, but we will follow your advice. Have looked through the papers and cannot find any hearing date, other than something about needing another 14 days extra time. Don't understand the jargon. Nevertheless, thank you. The date is a date stamp which says - 'Date of Servic 8 March 2016' (minus the e).

[jackthehat]

Don't be tempted to settle this yourself.
Asking for Bank Details, etc. is *not* a usual part of a Court Summons.
I would be very cautious and leave it entirely for your Insurance Company to deal with.

It has the distinct whiff of *scam* about it.

[bhg481]

Is there any way this could be some sort of scam? Strange spelling of "servic" on an "official" document; asking for bank details etc. I know nothing about these procedures but there does seem to be odd goings-on.

[gness]

Lackie....I rarely reply on thread like this because I don't have the knowledge to help.....but this worries me.....
It doesn't ring true and you say you have to attend the family court in your area.

Does the family court deal with car accidents?