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Original poster

Can someone sue you twice?

28 replies

RunningFromInsanity · 31/03/2023 20:12

Sorry for being vague.
If someone takes a civil claim against you (via a no win no fee solicitor) and it goes to court, and they lose, can that person then sue you again for the same thing in the future?

My legal team (insurers) seem to think we have a strong case and are denying liability, I don’t really want him to get a penny but on the other hand I just want this to be over.
It’s been going on nearly a year and half and quite frankly it’s ruining my life.

OP posts:
Original poster
RunningFromInsanity · 14/04/2023 21:50

Katrinawaves · 14/04/2023 21:26

Your posts are a bit vague to say the least!

Are you saying you have had a letter before action from the injured party but no court documents? Or that you have been sent court documents and have filed your own court document (your defence) and things have now gone quiet?

They have 3 years to issue a court claim from the date of the accident and once they have issued the claim they need to serve it on you direct within 4 months. They can’t serve it on your solicitor unless you have given them permission to do so.

Once the claim has been issued the court will set a timetable for next steps. If the claimants fail to comply with that timetable for no good reason then their claim could be dismissed for want of prosecution. If the claim is dismissed, they cannot reissue it. You would need to apply for the claim to be dismissed however - the court won’t do that if it’s own volition.

Sorry don’t mean to be vague! I think this post answers my questions though thank you, I wondering if it was 3 years to make initial contact advising they were suing, or 3 years to start court proceedings.

Had a letter suing me.
Passed it on to my insurance without replying (as stated in my insurance t&cs- do not reply yourself) I have had no other direct contact, it’s all been though my insurance solicitors.
My insurers then denied liability to the other party.
We were waiting for other party to start court proceedings but haven’t had any contact from them since January.

OP posts:
thebestbirtheraccordingtoDD · 14/04/2023 22:09

What's happened here is the other side gave intimated a claim against you/your insurer. It won't be you personally if you have insurance.
Your insurer denied liability and things have gone quiet. So either the other party has dropped it. Or they are getting all the evidence together regarding liability and or personal injury and then they will issue a court claim form. Your insurer will have nominated one of their solicitor to accept service of the claim form. It has to be issued within 3 years of an accident and served within 4 months of issue. Insurers have different rules for closing disputes claims down. Ours is 12 months from last contact.

Original poster
RunningFromInsanity · 14/04/2023 22:21

thebestbirtheraccordingtoDD · 14/04/2023 22:09

What's happened here is the other side gave intimated a claim against you/your insurer. It won't be you personally if you have insurance.
Your insurer denied liability and things have gone quiet. So either the other party has dropped it. Or they are getting all the evidence together regarding liability and or personal injury and then they will issue a court claim form. Your insurer will have nominated one of their solicitor to accept service of the claim form. It has to be issued within 3 years of an accident and served within 4 months of issue. Insurers have different rules for closing disputes claims down. Ours is 12 months from last contact.

Thank you. Guess the waiting continues for a little
while longer then. It helps to know what to expect re the timeframe.

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