Any Legal Bods???

[George g]

to cut a long story short

march 2008 - guy reversed out of his drive into me

i had a courtesy car whilst my car was being assessed. Gran fell ill & passed on within this time. she lived 150 miles away...

car written off, but bought the car back. returned courtesy car same day and collected mine.

cheque took forever, but recieved in september 08.

june 09 - court summons. direct line (his company are refusing to pay the courtesy car calims - apparently i didnt need one)

i need to appear in court meaning i am loosing out on a days pay. really cant afford that and either way i am not liable for any costs, be it court or otherwise (spoke to the firm representing my company... or ME as they put it...
)

is there any way round this as i really NEED the money right now as im skint as have moved out of home...

have expressed this in a letter, but they aint bothered about it... anyone else hadd this problem. if it was my fault then i wouldnt mind too much, but i was at no point to blame in this ordeal, but his company are making me out to be. i didnt even claim for injury... :roll:

any ideas???

[Lauren]

As far as I'm aware if it's gone to court there's no way out of that, all you can do is tell them your side of it in court.
I'm assuming you told us that your nan had died as that was the reason you needed a courtesy car? Sounds like a perfectly good reason to me, any judge should see that, and if they do I would imagine you wouldn't have to pay court costs.
As for the days pay, I don't know if you can claim that back.
Mowgli or Razorjack are the best people to ask on here.

[stevie-p]

when i went to court they asked if i was loosing a days pay because if i was they can claim it i dont no what they did but i recieved a cheque for the money id last the following week thats all i no

[George g]

kk. cheers! as long as i an get the money back!

[mowgli]

i'm guessing your policy is for social, domestic & pleasure use only..... travelling to your grans is covered by the first 2 easily.

basically they are taking the pish. you had a need for your own car, and their client made sure through his own stupidity and lack of knowledge of the law of the road that you couldn't use it.... basically, it is illegal to reverse onto a highway even if you have a banksman to attempt to direct traffic unless you are being directed by a police officer.

insurance companies are getting upset about the explosion of courtesy car charges that are flying round these days. and they are trying to put a stop to it. you have a genuine case for needing one, based on what you've told us.

[let_nova]

fook it claim for injury. the only way you would pospone court for a while is if you were too ill to attend. and once its a year old chances are itl be thrown out

[novaguy08]

All you need to do is stand up in court, say that;

1, you have no other modes of transport availible to you (IE no ready money for train/bus/taxi) and where you work is too far to walk.

2, explain that your nan passed & lived 150miles away and again you had no ready cash for Train/plane/bus etc

Once the tribunal hears this they will throw the case out. at the end of the day they cant claim that you dont need a car when you have got to travel 150 miles with nothing but pocket fluff & buttons!

[George g]

cheers for the replies!:thumb:

its not really the court bit thats the problem... its the loss of a days pay. :roll:

the guy instantly admitted fault. dont think i can claim for injury now as its over a year old... would be tempted though as they seem to be trying to suck the life out of me so i might as well get what i can for it. :mad: :mad:

[novaguy08]

get yourself a solicitor & they will read a statement on your behalf.
-or-
if youve got legal cover on your insurance you could possibly claim back for days pay loss for them playing funny buggers but dont quote me on that!

[Jack]

^ good call. Who is your insurance company?