"Help! I have received a County Court claim form for a road traffic accident"

Working in a solicitors firm within the RTA industry I deal with legal proceedings on a daily basis but if someone who is not familiar with them receives these through the post I can understand that they can be very daunting and quite worrying. Several times this week I have dealt with telephone calls from extremely distressed people who have received a County Court Claim Form in relation to road traffic accidents, some which even date back to 2004 (3 years ago). Some of these people have said that they have been physically sick especially as the form states that they need to respond within 14 days or face judgement against them in the region of thousands of pounds (the amount claimed).

Unfortunately sometimes proceedings are served directly on the insured rather than the insurance company or solicitors dealing with the matter. Should you receive such proceedings I hope that this post helps to alleviate your worries and explains exactly what you should do.

1. PLEASE DO NOT WORRY! The best thing I can recommend is to speak to either your insurance company or a solicitors (if appointed) to advise that you have received a claim form.

2. Usually they will ask you to send the claim form or a copy to them so that they can deal with it on your behalf.

3. If liability for the accident has been admitted then it is unlikely that you will need to do anything further, everything will be resolved by your representatives

Where liability (fault) is admitted the reason legal proceedings would be issued is a dispute over quantum (the value of the claim) or the limitation period is due to expire/has expired (see below for further information in relation to limitation)

4. Where liability is in issue it is likely that you may be required to attend court to give your version of events, however your representatives will be able to explain the process and exactly what is required of you if this is the case so feel free to raise any queries or worries with them


Turning to my above point in relation to "limitation" sometimes claims are not concluded until the limitation period expires. Once people have reported an accident to their insurance company and had their vehicle repaired they tend to forget about the matter. However what the insured does not see is the work that then has to be done by the insurance company or solicitors appointed by them when dealing with a third party claim.

In England and Wales you have 3 to make a personal injury claim - (I am sure you have seen the annoying people in the street asking if you have had an accident in the last 3 years). If a claim is not settled before the 3 year period expires most solicitors issue protective legal proceedings to ensure that their client receives their compensation. If this is not done and a client cannot go on to claim their compensation this can lead to professional negligence being raised.

Once the proceedings have been issued they must then be served within a 4 month period. Therefore if the claim is still not settled within these further 4 months the proceedings will be served (sent) to the Defendant - as mentioned above this maybe the insured rather than the solicitors acting.

I hope the above helps if you are faced with the above. If you have any queries please feel free to ask and I will try and answer them.

Further information about dealing with a claim and the claim form itself can be found at HMCS (Her Majesty's Court Service)

Fireworks Stay Safe, Stay Legal

So the whizzes and the bangs have started and are driving me crazy. Don't get me wrong I love fireworks but has the recently implemented Fireworks Act 2003 helped at all? Personally I don't see much difference - rather than fireworks going off the weekend of Bonfire Night it happens weeks beforehand, plus you still have to be wary of kids throwing them at cars in some areas.

The Fireworks Act 2003 set limited periods for fireworks to be sold and let off. It is an offence to let off fireworks during the hours of 11pm-7am except on certain days:
- Bonfire Night - period extended to midnight
- Diwali, New Years Eve, Chinese New Year - period extended to 1am

The Fireworks Act 2003 also made it a requirement that shops wanting to sell fireworks throughout the year obtain a license to do so. Otherwise fireworks can only be sold:
- 1st day of Chinese New Year and 3 days prior
- Diwali and 3 days prior
- 15th October to 10th November
- 26th December to 31st December

And finally a few other things you may not know about Fireworks Legislation:
1. It is against the law for persons under the age of 18 to carry fireworks in public (this excludes sparklers)- Fireworks Act 2003
2. It is against the law to throw or set off fireworks in the street or public place - this offence carries a fine of up to £5000 or an on the spot fine of £80 - s80 Explosives Act 1875
3. Fireworks must not be sold to anyone under the age of 18
4. Many pets become scared when fireworks are let off, it is an offence under s1 Protection of Animals Act 1911 to cause any unnecessary suffering to any domestic/captive animal - anyone found guilty is liable for a fine of up to £5000 and/or 6 months imprisonment

I wouldn't like to go to the extremes of people not having their own private displays but every year we hear stories about firework related accidents/stupidity.
Here are just a few BBC News links from today:
Baby escapes home firework blast
Pupils injured in firework attack

The Oxfordshire fire chief suggests that the law should be changed to make it illegal for individuals to buy fireworks. I think this is going to far but what is a happy medium and how can we stop the illegal sale of fireworks?

Spanish Property Taxes

Whilst on holiday in Gran Canaria last week I was told that many of the buildings there remain unfinished (i.e. one of the walls not being plastered/painted) because under Spanish Tax Law if a building is not "finished" - all 4 walls plastered and painted - the owner can avoid paying tax on it.

Does anyone know anything about this? I'm currently looking into it.

List of Driving Offences

Please find below a table of motoring offences, their definitions under the Road Traffic Act (RTA) 1988 and the penalties they carry.

Please note:
1. All of the below offences could carry a fine.
2. Where two imprisonment sentences are stated these are either-way offences and relate to the outcome of either indictment/summary trial e.g. Dangerous Driving carries maximum 2 years imprisonment on indictment but 6 months maximum if tried summarily.
3. The below table highlights the possible implications of the driving offences listed - each penalty is subject to variation dependent on the individual circumstances of each case - seek legal advice.

Any questions please post.
Coming soon.... Alcohol Related Offences.

Offence	Definition	Penalty
Dangerous Driving	s2 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place	2 years/6 months imprisonment Obligatory disqualification exceeding 1 year 3-11 points
Causing Death by Dangerous Driving	s1 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place - must be proven that caused the death of another person	Maximum 14 years imprisonment Obligatory disqualification exceeding 2 years 3-11 points
Careless Driving	s3 RTA- Driving a mechanically propelled vehicle on a road/public place without (a)due care and attention or (b)without reasonable consideration for other persons using the road/public place	3-9 points discretionary disqualification
Failure to Stop	s170 RTA - Driver of a mechanically propelled vehicle on a road/public place must stop and give details if they have had an accident	6 months imprisonment 5-10 points discretionary disqualification
Failure to Report an Accident	s170(4) - Driver of a mechanically propelled vehicle on a road/public place must if they have an accident report the matter to police as soon as reasonably practicable and in any event within 24 hours	6 months imprisonment 5-10 points discretionary disqualification
No Insurance	s142 RTA - Using (or causing/permitting to be used) a motor vehicle on a road/public place when there is no policy in force against Third Party risks	Fixed penalty fine 6-8 points discretionary disqualification
Driving While Disqualified	s103 RTA - Driving a vehicle on a road whilst disqualified from holding or obtaining a licence	6 months imprisonment 6 points fine discretionary disqualification

Free Accident Form - What to do if you have an RTA

Please click here for a printable copy of an "accident form" which I have created for my personal use

Using a form such as the one above ensures that you get down all of the relevant details. This is especially useful if you are in a state of shock and where you are likely to forget something. The extent of the information you get could also assist your insurance company process your claim more swiftly and would be invaluable to the police should they become involved.

In this post I hope to provide some handy tips and advice to be taken into consideration if you are involved in a road traffic accident (RTA). I will also suggest some precautions you can take so that you are prepared if an accident occurs. Hopefully if you are unfortunate enough to be involved in an RTA the advice below will help ensure that the process is as smooth as possible in what may be a very distressing situation.

Having been involved in a RTA you may be shocked and unable to think clearly. This is why I suggest that you carry certain items in your glove compartment in the form of an "accident pack" to be used should you be involved in an accident.

In your accident pack I recommend that you carry:

1. Disposable camera (preferably with a flash) - to take photographs of the accident scene and any damage to the vehicles involved

2. Your insurance/contact details - so these can be passed on to any third party involved

3. Accident forms and 2 pens/pencils - to take down the other driver's details plus any other relevant details - alternatively have a piece of paper ready for the same purpose

Other points to keep in mind

1. Keep an accident pack like the one suggested above in your car's glove compartment

2. Try to get as many details as possible including the car registration number, make , model and colour. It may also be helpful to take down a description of the third party in case identity becomes an issue

3. As mentioned above take photographs of the scene and any damage to the vehicles/property involved no matter how slight the damage – this may avoid any dispute later - A handy tip is to get the vehicle's registration number and the third party in the photographs but be careful as they may not want to be photographed

4. If you are hit by someone who then drives off without exchanging details try and get as much information about the vehicle as possible – in particular the registration number – report the matter to the police and your insurance company who can then try and trace the vehicle involved

5. If there are witnesses to any accident, no matter how minor, get their details these may prove invaluable if liability for the accident is disputed

6. Even if the third party vehicle is foreign your insurance party/solicitors should be able to trace the vehicle through the Motor Insurance Bureau (MIB) – just be sure to get the registration number

7. There are many CCTV cameras around towns, shops etc. If liability is disputed it may be worth asking around to see if you could get conclusive footage of the incident – do this quickly though as many places record over past tapes

8. Remember it is a criminal offence to either not exchange details following an accident or to report it to the police

CCTV - Big Brother or Big Bother?

Today "talking cameras" are operating in Salford alongside those recently installed elsewhere in the country, with the number of CCTV cameras the highest in Europe are we turning into a "Big Brother" society? Obviously the idea behind CCTV is to protect the public, preventing anti-social behaviour and keeping our streets clean, but does it invade of our right to privacy?

It was only last month that Traffic Wardens in the area became the first in the UK to be equipped with head-mounted video cameras - with statistics suggesting that people are caught on camera 300 times a day is the extent of CCTV going further than necessary in protecting the public at the expense of their privacy?

It is true that CCTV has been very positive in preventing crime and identifying perpetrators and as many of the cameras are not noticeable without careful inspection, you would hardly notice they are there. Personally I feel safer in areas where CCTV is filming and that new "talking cameras" can only assist in making society a safer place to live.

For our protection or breach of privacy?

Has reality TV gone too far?

Further to my previous post re: organ donation the subject has been subject to much controversy in the news today - Outcry over TV kidney competition. The concept of choosing the recipient for a kidney of a dying woman in Holland through "reality television". Viewers via text message alongside the donor will choose the contestant who deserves to receive the woman's kidney. Has the quest to get ratings gone too far? Or is this a move towards a wider recognition of the shortage of organ donation as suggested by the broadcasters.

Personally despite understanding the concept that organs should go to deserving people I think that this is a step too far. Highlighting the need for donors is important but making the sensitive matter the subject of a television show where people are competing for a lifesaving/changing opportunity is one which is not ethically acceptable to many. How can TV broadcasters be allowed to "play God"?

With reality television these days including such shows as Big Brother, Celebrity Love Island, Strictly Come Dancing... to name only a handful - covering a wide range of subjects, allowing shows which have the effect of "playing God" -where will it end?! What is the ethical limit?, organ

New Phone Penalties

Today new penalties came in for drivers who use hand-held mobile phones whilst driving. The question is however, will these actually deter people? I don't think they will. There was a ban on using phones whilst driving (December 2003), which hasn't prevented anyone from using them. I still see many motorists on their phones, particularly those within inches of my rear bumper. So the fine is £60 and possible points on your licence?! Will that really bother anyone? People still speed despite the similar consequences. Also the chances of being caught in the act are slim, it's easy - see a police car, put the phone down.

Although hand-held phones are banned, what about hands-free kits/bluetooth? Surely the point is that it is hard to concentrate on two things at once, isn't talking to someone the distraction not the fact that one of your hands is off the wheel? And what about those people who text whilst driving, they are unlikely to be noticed by the police, yet they still cause a nuisance to other drivers.

The point I am making is that banning the use of hand-held mobile phones whilst driving is not going to prevent it happening and causing collisions/near misses - the penalty is not enough to successfully deter the majority. Who will police it? - Look at the car seat fiasco, the law says that children under a certain height should be in child seats, I've seen many not even in seatbelts crawling around the car. How many people are actually stopped and the fined for this? Nobody has taken any notice of the law and nobody is policing it!
The same will happen with this ban, as this BBC article states, over 1 million people are ignoring the 2003 ban already - how will these new penalties change this?