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Uninsured Defendant – defending your rights

Are you facing a claim as an uninsured Defendant?

If you are presented with a claim as a Defendant without insurance, the worst thing you could do is stick your head in the sand hoping it will go away.

If you ignore the claim, you could be playing into the claimant’s hands who would not be required to prove liability as judgment would be entered against you with the Court deciding how much you owe.

The benefits of seeking legal advice from Waring & Co in respect of being a defendant are:

  • Receiving advice on the prospect of defending the claim whether in full or arguing contributory negligence (that the Claimant was also partly to blame).
  • Advice on the likely value of the claim you are facing.
  • The formal drafting of a Defence to be filed with Court and served on the Claimant.
  • Assistance and advice in drafting and filing the various court documents required to comply with the relevant Civil Procedure Rules.
  • Advice on offers made by the claimant and the consequences of not accepting them.
  • Assistance and advice on complying with the Court directions
  • Formally drafted witness statements which are compliant with the Civil Procedure Rules and enable you and your witnesses to attend trial and say your piece.
  • Advice and preparation for trial.
  • Supply of experienced and reputable barristers to defend your case at trial.

With the potential costs of the claimant’s legal fees and compensation easily being £10,000 to £15,000 on a modest claim if uncontested, it is crucial to obtain legal advice as soon as possible once you are aware of the claim. It could mean the difference between owing a significantly lower amount than that claimed or better still, submitting a successful defence, or alternatively, allowing the claimant to win an uncontested claim.

The potential consequences of not defending the claim are:

  • County Court Judgment (CCJ) against your name affecting your ability to obtain credit
  • Charging Order placed on your home (the amount would automatically be paid in the event you sold your house)
  • Attachment of Earnings Order where the Court order your employer to pay part of your wages to the Claimant.
  • Appointment of Court Bailiff to recover personal belongings and assets towards the balance owed.

All of the above services can be done on a pay as you go basis with fixed fees agreed before any work is commenced.

Feel free to get in touch for a free, no obligation chat with one of our specialist personal injury lawyers.

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