Section 151 and 152 of the Road Traffic Act 1988

[babypi...@googlemail.com]

Hi

In November 2008 I had a car accident and basically ran into the back
of another car at about 10pmh at a roundabout. To cut a long story
short I am fully insured and my Insurers have taken on the case and as
far as I was concerned it was all over.

I came home today to find a letter from the Third party stating "we
refer to the outstanding claim and write to confirm we intend to issue
court proceedings to resolve this matter. For the avoidance of doubt
this letter constitutes notice in accordance wiht section 151 and 152
of the RTA 1988"

What on earth does it mean and why has it come to me and not to my
insurers?

Thanks

[Peter Crosland]

Just forward it to your insurers.

Peter Crosland

[Humbug]

I've had a scaremongering letter like this once before.

Just forward it to your insurers.

--
Humbug

[Adrian]

"babypi...@googlemail.com" <babypi...@googlemail.com> gurgled
happily, sounding much like they were saying:

> What on earth does it mean and why has it come to me and not to my
> insurers?

The full text of section 151 and 152 is here...
http://www.opsi.gov.uk/acts/acts1988/ukpga_19880052_en_12#pt6-pb1-l1g151

[Alex Heney]

On Tue, 23 Jun 2009 19:00:18 +0100, "babypi...@googlemail.com"
<babypi...@googlemail.com> wrote:

It means the third party is an ass.

Those provisions relate entirely to the liabilities of insurers, so
here is no point whatsoever in them sending it to you.

And as far as I can see the only "notice" mentioned under those two
provisions is the notice which must be given by an insurer where they
are claiming that the insurance (of their client, not of you) is
invalid, so they are not paying up.
--
Alex Heney, Global Villager
Trust me, I'm a lawyer..
To reply by email, my address is alexATheneyDOTplusDOTcom

[Dave]

As others have pointed out, I think it means that they have misquoted
the relevant parts of the Law.

What I think they actually meant to say is that they are holding you
liable for the damage to their Insured and that they intend to recover
the costs of this through the court process if necessary.

From a legal perspective, you are liable for the damage you cause, not
the insurance company. As it turns out, your insurance company will
indemnify you against any awards made against you. However, it is right
that the insurance company issues proceedings against you.

You should forward the letter to your insurance company as others have
said. I personally would make sure I sent it by one of the "signed for"
services so that there is no doubt that they got it.

Under the circumstances it sounds as though you were probably liable and
that your insurance company ought to pay for the third party damage. If
that is the case, then in order to reduce the likelihood of other
distressing letters or actual summons, I would start to complain to the
insurance company about the time they have taken to resolve this
(although 8 months isn't actually that long) with the intention that
this would chivvy them along towards a settlement.

[R. Mark Clayton]

<babypi...@googlemail.com> wrote in message
news:4f7e639a-ef32-43b8...@h18g2000yqj.googlegroups.com...

They have to sue you - forward it to your insurers.

[beckydo...@gmail.com]

I've had something like this and I don't know what to do!
I was involved in a car accident in 2011 which was in a lane so no road markings suggested that it was either of our faults I'm pretty sure it went down 50/50 (i still don't know if anyone took the blame) but after 3 years and 11 months the third parties insurance all of sudden got in touch and sent me letter saying "you owe us £14500" ... I thought there was a time limit on how long they've got to make the claim (I had a letter off my solicitor at the time saying it must be sorting within 3 years) so I emailed them and said that but he said that's for injury. I don't know if their trying to have me on! And now I've had another letter months later of everything being quiet about court proceedings! Can someone else help me or just explain what's going on please? I've tried to Googled some things but I feel like I'm not getting the right answers

[David L. Martel]

You have a solicitor and ,most likely, an insurer. Let them handle these
claims.

Good luck,
Dave M.

[Sara Merriman]

In article <46a59c93-bc4c-42de...@googlegroups.com>,

I'd be inclined to pass it back to the insurers you were with at the
time.

[jolene....@gmail.com]

On Thursday, August 4, 2016 at 12:05:29 PM UTC+1, beckydo...@gmail.com wrote:
> I've had something like this and I don't know what to do!
> I was involved in a car accident in 2011 which was in a lane so no road markings suggested that it was either of our faults I'm pretty sure it went down 50/50 (i still don't know if anyone took the blame) but after 3 years and 11 months the third parties insurance all of sudden got in touch and sent me letter saying "you owe us £14500" ... I thought there was a time limit on how long they've got to make the claim (I had a letter off my solicitor at the time saying it must be sorting within 3 years) so I emailed them and said that but he said that's for injury. I don't know if their trying to have me on! And now I've had another letter months later of everything being quiet about court proceedings! Can someone else help me or just explain what's going on please? I've tried to Googled some things but I feel like I'm not getting the right answers

Just so you know, the limitation period for non-injury matters is 6 years (there is other limitations, but these are irrelevant in this situation). It is likely to be for the vehicle damage, and they will be chasing 50% of it back from your insurers.

All Court Proceedings should be against the negligent party (you, for 50%), but your insurance should indemnify you. You are also able to recover 50% of your vehicle damage from them for up to 6 years post-accident.

I've never heard of s151 notice being used where threatening to issue Court Proceedings. s152 notice has to be given 7 days prior to issuing Court Proceedings.

As advised, forward to insurers, and ask them to sort out.