Ford Fiesta - Minor accident: compensation

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Fri 15 Feb 2013 17:12
Ford Fiesta - Minor accident: compensation - ANT289B

I was fully aware of 'personal injury' claims that are deemed dubious, but my daughter had a minor scrape with another car on a roundabout. She was in the wrong, no question, but the result was scratches to both cars: no one injured. She has now received a threatening letter stating she is to be sued for 'negligent driving'. Is this now standard? If it is the cost of car insurance is going to go through the roof.

We have put this in the hands of our insurer, but surely this is a costly step too far!

What do you think?: compensation for just being in an accident .

Reply | Report as offensive | Link
Fri 15 Feb 2013 18:43
Ford Fiesta - Minor accident: compensation - FP

"She has now received a threatening letter stating she is to be sued for 'negligent driving'. "

Whilst making it clear I am in no way qualified legally, I would be very suspicious of this letter. You don't say who it's from, but if from the other driver then it seems highly dubious. Is he/she threatening to start a private prosecution? AFAIK, there is no offence of "negligent driving". The relevant offence would be "Dangerous Driving" or "Careless/Inconsiderate Driving" and I'm not at all sure that a prosecution for this sort of offence can be started by a private individual or even an insurance company - it's normally the police and Crown Prosecution Service.

However, I suppose the other driver could take your daughter to the Small Claims Court to get compensation for the damage she caused - but why bother, if they are covered by insurance?

To me it sounds just like a nasty letter, probably best ignored.

Someone more learned than me may wish to comment (DVD?)

Edit: Apparently it is perfectly possible for an individual to take out a criminal prosecution, but unlikely in view of the costs involved.

Edited by FP on 15/02/2013 at 18:48

Reply | Report as offensive | Link
Fri 15 Feb 2013 19:06
Ford Fiesta - Minor accident: compensation - dacouch

It's a fairly standard letter which is sent to the other driver by someone who wishes to make a claim against another.

It mentions negligence as this is the basis of them having a claim against you.

The letter should be passed onto your Insurers asap for them to deal (Recommend you take a photocopy of it before sending).

Please do not ignore the letter as the consequences can be expensive for you, let your Insurers handle it

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance