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Old 28th February 2012, 13:29   #16
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Default Re: Need some expert opinion in accident case

My car met with an accident, it was my driver who was at the wheel.

http://www.team-bhp.com/forum/street...-accident.html (Four-year dream run comes to an end - Laura L&K accident)

After a long lull, I got a court notice (MACT) regarding accident claim. I have engaged my own advocate and the court proceeding are taking place. I have few questions:

1. How long do I have keep my advocate engaged? Do I get to opt out after I furnish my evidence, etc. and prove that whatever liability exists is the insurer's concern? This case looks like it will go on forever and I just want to get this off my back.

2. What if my driver is no longer employed by me and I have difficulty in tracing him later? How can I safeguard myself against my driver being unavailable for whatever reasons?

3. Given that I am insured, is it possible to deal with 3rd party claims without having to spend this amount of personal time and money? What happens if I just don't response to the court notice and let things be decided without me?

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Old 28th February 2012, 14:34   #17
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Default Re: Need some expert opinion in accident case

#1: You will have to engage the lawyer till the case is decided (i.e. the court decides the case, either in your favour or against or whatever other conclusion).

#2: Get the driver's signed statements, get his ID and residence proof (and verify the same if you can to ensure there are no fakes), and submit all this information along with other documents in the case. In case he has to be called for as a witness, the court can then independently send a notice to him. If he is no longer employed with you, I doubt if you have any responsibility of tracing him (but please check this with your lawyer).

#3: Sure recipe for disaster. Do not disregard court notices as you will be held in contempt of the court and will unnecessarily land in trouble.

I am not a legal expert and I don't know the precise nature of the lawsuit, but there are two options you can try:

1. If it's purely a claim against the insurance company, you may not have to be a party to the case. Try to plead this in the court and see if your name can be removed from the list of parties. If this works, you will not have to do anything more. However please check with your lawyer to ensure that you cannot be made a party to the case.

2. If you cannot exercise #1 above and have to be a party to the suit, you can apply for relief from attending further court hearings till you have to give evidence. This may need some assurances from your part about you being reachable at your address mentioned in the court documents/insurance policy and restrictions like not leaving the country without informing the court.

I hope you have got yourself a good lawyer. If so discuss such matters with him and find solutions within the legal framework. Please never even think about steps such as not responding to the court summons or notices.
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