The client sought advice following civil proceedings brought by an insurer after a road traffic accident involving her husband in May 2020. The client was the named policyholder on a car insurance policy arranged in April 2020 through a third-party family friend due to language barriers. Her husband was intended to be the second driver, but the application mistakenly listed another individual. The client receives PIP and does not work; her husband is a butcher. Following the accident, the insurer paid £20,000 to the victim but later alleged the husband was uninsured and brought proceedings against the client for misrepresentation. Both are named defendants, the client confirmed she wishes to avoid a CCJ and court proceedings.
The proposed defence has no real prospect of success. The client gave the instruction to procure the insurance and failed to verify the details. While the misrepresentation may have originated from a third party, the client remains liable as the policyholder. The insurer claims the misstatement led to fraud or invalidated coverage. The client’s proximity to the third party makes it unlikely she would wish to add them as co-defendants. The immediate concern is avoiding judgment and negotiating a settlement.
Advice was given to contact the claimant’s solicitors to request an extension of time and propose settlement via a Tomlin Order. The client agreed to make an £8,000 down payment followed by £1,000 monthly instalments. Assistance was provided in setting up a Money Claim Online (MCOL) account and completing the initial response. A holding letter will be drafted, followed by a without prejudice offer. Further clarification was provided to a family friend and translator regarding the nature of the claim and the historical orders identifying the husband’s liability. The client confirmed instruction to proceed and expressed a desire to avoid litigation.
Call us – Mon-Fri 8:30am – 6:30pm
+44 (0) 20 3034 0077
By submitting this form, I accept this website’s Privacy Policy