News1 min ago
Not At Fault Car Accident
In March 2018 my friend's ( who is a sole trader car mechanic) wife was driving their car to collect some car parts, she was driving his car on his traders insurance (she is named). A taxi driver ran into her. The car was a right off, so through the insurers he got a hire car. The driver eventually claimed responsibility but the insurers are refusing to pay for the hire car. My friend has submitted his salary and bank statements as requested by the insurer. He has not heard anything for ages and now he has a letter saying he has to attend court in July. If the judgment is found not to be in his favour will he have to pay the court costs and any other costs incurred. How many of these cases actually end up in court? The solicitor acting for my friend said he will be picked up on the day of court and dropped back off at home!
They had to get a hire car as the other car they had was off the road and un roadworthy at the time. They gave the car back (as per the agreement) before they went on a holiday which was booked prior to the accident.
They had to get a hire car as the other car they had was off the road and un roadworthy at the time. They gave the car back (as per the agreement) before they went on a holiday which was booked prior to the accident.
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There seems to be a lot of missing information here. In particular, the nature of the other driver's claim isn't clear.
However I'll try to answer this bit anyway:
"If the judgment is found not to be in his favour will he have to pay the court costs and any other costs incurred?"
1. Court fees: If the other driver wins his case, your friend would normally be ordered to pay the court fees that the claimant forked out to take the case to court.
2. Expenses: If the other driver has to pay travelling expenses to attend court, or if he suffers a loss of earnings through doing so, the court can order that your friend must reimburse him.
3. Legal costs: Assuming that the case is going through the Small Claims track, the normal procedure is that each side pays their own legal costs (such as solicitors' fees), irrespective of who wins.
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However I'll try to answer this bit anyway:
"If the judgment is found not to be in his favour will he have to pay the court costs and any other costs incurred?"
1. Court fees: If the other driver wins his case, your friend would normally be ordered to pay the court fees that the claimant forked out to take the case to court.
2. Expenses: If the other driver has to pay travelling expenses to attend court, or if he suffers a loss of earnings through doing so, the court can order that your friend must reimburse him.
3. Legal costs: Assuming that the case is going through the Small Claims track, the normal procedure is that each side pays their own legal costs (such as solicitors' fees), irrespective of who wins.
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Thanks for the replies. It does seem odd but according to my friend the other side insurers are paying for him to be picked up and taken back home from the court! My friend has spoken to the solicitor acting for him and he is basically saying this is all because he is a trader and they think he should have had use of another car and so did not need the hire car. But he didnt have use of another car.
I doubled checked with him and he now thinks its his insurer who is transporting him to and from the court. They are basically saying as he is a trader he would have had another car he could use rather than have a hire car. This is not the case and he has provided bank statements to show he couldnt afforded to pay for a car. His insurer has also told him there was an indemnity insurance stating when he 'hired the car' that he would not be liable for any costs incurred if the tp refused to pay out. And that he has to go to court otherwise as a no show it would go against him.
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