court case / liability dispute

Ms. Nadiia G

VS

AOIO NISSAY DOWA 

Ms. Nadia G -Claimant (LiP), assisted by CAS
 AIOI Nissay Dowa Insurance Ltd - Defendant, represented by Keoghs LLP

What happened

The road traffic accident occurred in Chester and was allegedly caused by the driver Miss Jessica W. - who is the Defendant's insured. Ms.Jessica was negligent and infringed the UK road rules of how correctly proceed on roundabouts, which resulted the crash with the estimated damages of £8000+ to the claimant's foreign luxury SUV. Next day, Ms. Nadia called AOIO NISSAY DOWA UK insurance directly in order to recover costs for the vehicle damages allegedly caused by the defendant's insured, however, the insurer refused to reimburse the vehicle repairs and other losses. Claimant was forced to utilize Car Accident Specialists in order to assist with the matter.

What did we do

In the first instance, when the foreign motorists get in touch with us, we need to verify the documents and the request is sent to the their insurer, which is usually outside of the UK. In this particular case, we had to confirm directly from the claimant’s insurer that her Green Card was valid at the time of the accident.
It's worth to add, despite on the fact, Ms. Nadia being highly educated and intelligent lady, it was very hard for her to explain all the accident’s circumstance as her first language was not English, CAS provided an interpreter, so she could describe all the key factors of the incident in her native language. CAS tried to obtain police report about the accident but unfortunately, there was no investigation of the given incident being conducted by Cheshire police.

After careful assessment of all circumstances in the RTA and having reviewed the witness statement, CAS helped Ms.Nadia composing an official Letter of Claim in English and assisted in collecting documents of pleaded losses and made the second effort settling the claim in direct negotiations with the insurer. We, also requested twice from the insurer to provide travel directions of their insured driver, however, AIOA NISSAY DOWA failed and replied that they have nothing to offer and they believe - it’s the claimant, who is liable for the incident and nominated Keoghs LLP to accept service of proceedings, in case the claimant feels it necessary to have the matter escalated into court. As the matter of important fact, our client was trying to reach out to the responsible driver and requested being engaged into the claim process and to provide travel directions on roundabout but Ms. Jessica was not willing to communicate and blocked all calls from our client. In this circumstances, unfortunately, escalating the claim into civil court was the last and only resort for Ms. Nadia to have the dispute settled fairly. CAS advised to proceed further with this radical action.

We provided full support to the foreign driver in making court claim and filed an application "Help with court fees", court fees were significantly reduced by court as the claimant had the eligibility. CAS assisted in drafting legal documents, witness statements and serving them to the other party and to the court office by the certain deadline as was ordered in Directions. More so, based on available evidence, CAS created professional visual reconstruction of the road traffic accident for our client to be presented in court.

AT THE TRIAL

Despite being a Litigant in person, Ms.Nadia was fully prepared by us to have the audience with the Judge, also having taken into account that the claimant was representing herself - Judge allowed the proceedings being less formal and had no questions to Ms. Nadia and limited cross-examination. However, it turned out, Keoghs solicitors failed to follow court's Directions and hadn't served the documents (that they would have intended to rely at the hearing) in time. The Judge ordered that the defendant must pay out most of the pleaded losses to Ms.Nadia. She was more than happy with the outcome and received her compensation within 14 days after the trial.