# Ordinary Civil Summons Recevied What to Do?



## CashAdv (7 Oct 2010)

Hi,

I have just received an *Ordinary Civil Summons* and am unsure how to respond.
I believe that the issue is related to a motor accident which occurred some months ago. I was insured at the time and all detail in order (license, TAX, NCT, etc.)  and cannot understand why I am being perused and the issue not taken up with my insurance company who I was insured with at the time.     
(the other party informed me they were a solicitor, but I believe they meant legal secretary)


How should I respond and to whom? Should I reply to the Clerk of the District Court or directly to the third party's solicitor? I feel that I am simply being harrased and intimidated by this person's firm.



The details of the accident were;

I was driving down street in a town, there were cars parked to my left and in contact was made with one of them. In my opinion the driver had pulled out without checking for oncoming vehicles (ie me) and there was a side on collision. I pulled over to the left in front of the line of parked cars and got out to exchange details, etc. 

The other party was hysterical and I was concerned that I had injured (or worse) a child. The other party accused me of driving into the back of their vehicle and also accused me of driving away from the scene (I had parked approx. 150yrds on the same street). I was then accused of being drunk. Garda were called, and confirmed that  I was not drunk and had not driven away from the scene. They checked my details and left. I gave my full details to the other party, who informed me they were a solicitor and were going to "do me" for this. The other party never gave me insurance details but did give me a mobile number. I called the number a few days later but was unable to get through. When I did I was told to call back as they didn't have details to hand.

Damage to my vehicle was minimal and as it was an older vehicle I sourced parts cheaply enough from the scrap yard to do a fixer-uper. As I was unable to obtain insurance details I contacted MIBI who sent me a form to fill out, but took things no further. (I realise I should have but had more serious buiness to deal with at the time).

I had informed my insurance company at the time via email giving full details but as I was third party insured there was nothing they could do for me except advise me to claim from the other party's insurance. 

 I had forgotten all about the incident until recently. I realise I should have followed this through and started to receive threatening letters from a solicitor alleging I was at fault and liable for damages. As I was insured I merely ignored as an attempt at bullying. (Another mistake on my part?)

Could anyone advise how best to proceed with matters in order to resolve amicably?


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## McCrack (7 Oct 2010)

Hi there,

Pass the summons to the insurance co. that you were insured with at the time of accident. It will be them who will nominate solicitors to accept service and defend proceedings (or not as the case may be).


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## missdaisy (7 Oct 2010)

You need to go to a solicitor about this. You were insured so ultimately the insurance company will deal with it but go to a solicitor for advice at this stage so the appropriate correspondence can be sent.


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## CashAdv (7 Oct 2010)

Quick reply thanks. I never thought of that but would be concerned as it is my name listed on the summons and I wouldn't trust this sham of an insurance company to deal with it properly.  (mention no names...)


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## CashAdv (7 Oct 2010)

A solicitor would be my last option if given a choice.... (I have other legal issues ongoing atm & then there is the cost of them :-( )


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## missdaisy (7 Oct 2010)

That's why i say go to a solicitor. They will ensure that ultimately ins co will deal with it.


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## CashAdv (7 Oct 2010)

thanks MissDaisy,  Will I be liable for legal costs of solicitor?


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## missdaisy (7 Oct 2010)

You will be liable for legal costs of solicitor. Your only other option however is to do as McCrack says.


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## Ravima (7 Oct 2010)

Yip, drop it into your insurance company or send it to them by registered post, together with any other correspondence you received.

It seems unusual to simply get the summons in the post, without getting prior correspondence. All correspondence received should be sent to your insruers.

If you have not given them EVERYTHING, then you may have indemnity problems.


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## CashAdv (7 Oct 2010)

I was 100% honest with insurance company, but they were completely rubbish so I went elsewhere. I informed them full details of the accident by email but binned most of their further correspondance as this company is the type that likes to advertise alot and I had no interest in dealing with them at all.

I hope I haven't made a mess up somewhere...

Couldn't believe the summons, as I was insured and completely legit at the time of the accident I thought no more about it. But then again the happenings of the District Courts never fail to supprise...


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## csirl (8 Oct 2010)

> (the other party informed me they were a solicitor, but I believe they meant legal secretary)


 


> I gave my full details to the other party, who informed me they were a solicitor and were going to "do me" for this. The other party never gave me insurance details but did give me a mobile number


 
If it does go to a hearing, it will be interesting to see the reaction of the other party when you give you version of events in the witness stand


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## Ravima (8 Oct 2010)

What exactly do you mean by 'i was 100% honest with insurance company, but went elsewhere'? and 'I binned most of their correspondence'?

If you have insured yourself elsewhere since this incident and have taken advantage of your NCB, have you FULLY informed the new company? If not, you WILL find that in the event of another incident/accident you WILL NOT be covered by them.

By binning important correspondence and not complying with any request from your insurer, you ARE in breach of your policy conditions and you MAY find that they will NOT now cover you. They are obliged under terms of the RTA to deal with the claim, but under the policy, are also entitled to seek recovery of their outlay from you.

Miss Daisy is probably right, you urgently need to consult your own solicitor to try to get your insurers on side.


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## Billo (8 Oct 2010)

"The other party never gave me insurance details but did give me a mobile number."

Did you not take the insurance details off the disk on the windscreen of the other car ?


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## Mrs Vimes (8 Oct 2010)

If, as you suspect, the other driver pulled out into the side of your car (and this should be obvious from the damage) then they are liable for the damage caused to both cars.

I had a similar collision a couple of years ago but did exchange insurance details at the site. The other driver then accused me of speeding (past a primary school at pick-up time, don't think so) and her insurer basically said that even if I was speeding it didn't matter, I had the road and she pulled onto it and any collision was her fault entirely.

Did you ask the Garda who attended who was at fault in his opinion?

If you're sure that she pulled out onto you, make a claim against her insurers. She cannot refuse to give their details to you. Respond to her solicitors demanding details and state that she was at fault, you were willing to let it go and look after your own car, but if she wants to sue.....

Sybil


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## Time (8 Oct 2010)

You gotta to hand over this to your insurance.


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## nuac (10 Oct 2010)

The other party must be rather immature if she claimed to be a solicitor and would "do you" for it.

IN 40+ years in practice I have never in any personal situation such as this referred to the fact that I was a solicitor. People would rightly regard that as a form of threat.

That said things same a little confused on your side. It is very unlikely that you would have got a civil summons without some correspondence beforehand. As advised by McCrack you should have sent that correspondence and should now send this summons to your insurers.

I cannot understand your claim that your insurrs are "rubbish" and that you have binned their correspondence. They are your insurers for this claim. Even if you change insurers, your original insurers will still be dealing with this claim. If their correspondence included requests for further information and e.g. a report from for completion, your failure to reply may void your policy.

Contact them now about this.


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## CashAdv (15 Oct 2010)

OK, thanks for replies.

@billbo: No never took insurance details at the time. (Nordie lad so forgot the insurance info is on a disc on the screen also was still in a bit of shock) Took name, address, and contact number. (never admitted liability, etc., etc. and thought it would all be sorted out after)

Now handed over to my insurance co at the time.

@nuac: yes I'm sorry to hear but this person boasted about their position as "a solicitor" and how they were going to "do me" for this. Turns out to be "legal sectary" if that’s any different? Works for the same firm that has issued summons.

Admit ignoring a previous letter from them as bullying and scare tactic. I had no idea it was even possible to issue summons for such a thing as this. 
(Failing to apply brakes, driving into plaintiff’s vehicle, etc.)

As I was insured and had shown documents to Garda, and had given all details to third party and also informed insurance company next day giving full report, incuding diagram and offering to send photos I had taken of the damage to my vehicle after the incident. (Wish I had taken some snaps at the scene.). I did not realise that this could be pursued through the courts for costs of damage as I was insured.

I now admit I am guilty of ignorance, but honestly was unaware this outcome was even possible. Never had a accident involving another vehicle, and was my first insurance here as being a Nordie was always insured in NI and I’ve never heard of such a thing happen there. 
But ignorance is no defence...
Do I send off the "notice of intent to defend" or speak to clerk of the court about this..

ooopps 

   (Perhaps just my experience here and certainly would not like to generalise, but  there seems to be some doubt over the integrity of certain members in the legal profession - e.g. most of them I've met - not very many thankfully and I know every profession has a few bad eggs in it... but honestly.)


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## Jane Doe (16 Oct 2010)

can you ask the garda if they have  report of the accident. i *think* you would be entitled to a copy if they have, stand to be corrected .


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## onq (17 Oct 2010)

The Gardaí who attended should have the other party's details.
Contact station local to the incident and take it from there.
Inform them of the position and ask if they will go witness.
The Gardaí are totally impartial in this regard.

The Gardaí are your source of independent witness testimony.
If the other party is making a civil case out of it - untruthfully - then knowing the Gardaí are involved should support your position and may influence her to back down.
The worst scenario is where the other party has dug up a witness who may be willing to offer false testimony supporting their position.
This is where teh independent assessment of the Gardaí may carry some weight in court.

Word to the wise.
People in the professions adopt an attitude of "being right".
It can be a tough station facing the pressures they do every day, challenged in law and in practice and sifting fact from fiction.

They may be married to someone equally judgemental and righteous.
Imagine them facing their partner and admitting you were the one who had put their child at risk.
Or admitting that their family car insurance premium had just gone up by a few hundred in the middle of a recession due to their bad driving.

The immediate reaction for solicitors is to sue and intimidate people - you should stick to your guns.
This whole shebang may be a personal defense mechanism fueled by a lie told to the spouse who then put it up to her to take the case, not knowing the full story.
I don't know if that will inform your strategy of that of your solicitor, but no noe deserves to be made a scapegoat to salve one persons conscience about her bad driving.

Having said that, a word of caution.
Your attitude to your insurance company doesn't sound great.
They are the ones who are going to fight any civil action on insurance grouds.
They may decide to settle, regardless of the rights and wrongs of the situation, based on cost benefits - cheaper to settle.
Your job is to mitigate the effect of any claim against you that may otherwise end up on your permanent record, even though you were not at fault.

To do this effectively you may need legal advice.
Your solicitor may want details of your past driving history.
If this is a problem ensure your strategy deals with this history.
By that I mean your solicitor should strategise well, don't lie to them about it.

The object of the exercise is to get the claim settled now, in full and final settlement and avoid follow-on actions.
You should ask your solicitor about the risk of the other party taking a personal injuries claim against you in years to come.
From my own experience from years ago - and this may have changed recently, I don't know - there is a longer time period within which personal injuries claims to be taken.
The damage to the car, is usually apportioned on a percentage basis, but I don#t know about personal injuries claims.
Car front end will be in eth range €500-€3000 depending on what was damaged.
Personal injuries can run into the tens of thousands.

I'm not trying to frighten you, I'm trying to give you a heads up so you make sure your solicitor addersses all the issues.
Its possible that you - or your insurer - could end up with an agreement on car damages and you could still get hit with a personal injuries claim years later.

Defend your position. Admit no liability. Do not offer apologies. Take sound legal advice. Look at all the angles.
Because if your opponent is a solicitor, they certainly will.

ONQ.


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## nuac (17 Oct 2010)

Ong - I don't agree with your contention that people in professions adopt the view of always being in the right, or are judgemental or righteous.

My view is based on practical experience of many many situations of all sorts over 40+ years of practice.


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## onq (17 Oct 2010)

And what's worse nuac, most of them are like crocodiles in Egypt about it.


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