My son has received a county court summons for writing off someone's car - how can he avoid a CCJ?

My son had a small collision in November 2017, causing minor damage to both vehicles invloved. He admitted liability at the scene as it was clearly his fault (he pulled out of a layby but did not spot the other vehicle because of the sun). Details were exchanged and his car was repaired within 10 days or so. He has now received a county court summons for a total write off of the other car - a 2002 Skoda Fabia - for £1050. This presumably has come from the other driver as he has received no payout from his own company. Is the other driver uninsured, or could it be a scam? What action should he take to remedy the situation? Presumably the insurance company of the other party should payout and claim from my son's insurance. Could there be a dispute between the two insurers causing delays? How does he ensure he does not receive a CCJ?

Asked on 3 April 2018 by

Answered by Tim Kelly
He needs to pass this correspondence on to his insurer immediately, it is not a scam. There should be no dispute between insurers because the other party has not claimed via his insurer. The other party does not need or have to claim via his own insurer. Make your son's insurer aware in writing, as well as by calling to tell them, of the correspondence received. Make it clear you expect them to pay the other party directly to stop the possibility of the CCJ.
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