How to file a defence without a lawyer

Lifestyle Relationships
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in relation to a motor car accident, where claimant is most likely doing fraud and claim is against her, however the 2nd defendatn which is the insurer is also saying my dad may be involved too, dad is known as 1st def.

case is stronger against claimant.

the courts have told dad to file a defence..can he do this without a lawyer, the lawyer will charge twice as much as what the claims for…can we file a defence without one…and if so, how?

Please guys, this is urgent, as is why im posting it here, nowhere else,more replies, and it is something to do with life, ( my dads) and relationship ( dad).:]

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Re: How to file a defence without a lawyer

In Pakistan we have a local govt body who hears insurance related cases and most of them goes in the favor of insured. If Pakistan has it UK must be having too! try to find out.

but the reason of claim (proximate cause) falls outside of what was mentioned in the policy then sorry u can't get the claim.

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Re: How to file a defence without a lawyer

There are some lawyers that charge after the case is solved. Maybe that's a better option for you guys. Idk

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Re: How to file a defence without a lawyer

I presume this is a matter proceeding through the small claims courts - it's not clear whether you're saying that your father is the defendant or subject to a part 20 claim against him.

Having said that, filing a defence is going to be the same regardless. You don't need a solicitor, a defence statement is essentially a written statement detailing your 'side of the story'. A few pointers would be:

  • avoid handwriting the defence statement. Judges hate having to decipher messy writing.
  • don't use legal jargon that you don't understand the meaning of. Avoid googling your defence statement.
  • if it's a motoring claim then include sketches, maps, photos, diagrams etc as well to get your message across clearly and concisely.
  • file your defence statement in time.
  • when you submit your defence statement, include two extra copies of the entire defence statement papers to the courts (as the courts will then forward these onto the claimants, and generally will not copy papers especially anything with colour photographs)

Hope that helps!

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Re: How to file a defence without a lawyer

Nadz it seems like a tricky situation. You claim the claimant is committing fraud, but the second defendant (your dads insurer?) is accusing your dad of fraud too?

Could you please clarify this.

With regards to doing it yourself - yes it can be done, but you need to know what you're doing and this case doesn't seem so straight forward. It may be best forking out the money for this one Nadz. Shop around and see a few solicitors - most will do your first interview for free anyway. If it is something you can do yourself your solicitor should tell you whether s/he thinks it is possible for you to do so based on the complexity of the situation.

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Re: How to file a defence without a lawyer

I'd think that the insurer is suing multiple defendants under joint and severable liability - by mentioning everyone possible, they increase their chances of succeeding against at least one defendant.

You MUST file a defense, otherwise you are at risk of having a default judgement entered against you/your dad.

Sure you could file your own defense, but you need to have moderate competence to do so - in other words, the statement of claim no doubt has a clause by clause allegations against your father and he is required to admit, admit in part, deny or deny in part each of the allegations - and unless you're familiar with the legal system, I'd be careful about going the DIY-route since you may not do it correctly.

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I am going to do this myself,the lawyers we have come across are very clever, yes the first half hour is free, followed by oh you definatley need a lawyer, otherwise XYZ could happen to you,almost scaring people into hiring them and thus forking out thousands...we would have gone to a lawyer, however the claim is worth £6000, and the lawyer is charging £10.000 plus OTHER COSTS...so whats the point, i think our case is fairly strong, especially since my dad is not guilty...

just a few questions,

how should the template look, do we need to write our address on it, ?
apart from just writing the actual defence, as well as including a statement of truth, what else will it need?

Many thanks to those who answered xxxxx

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thanks, i have emails correspondance from the insurers solicitors, who also said he would charge us for emailing him!!! can i print all those emails out and hand it in, ? although it may have nothing to do with the actual case itself..

the insurer is saying that fraud is alleged, they say when my dad was interviewed by an independent party regarding the accident, he seemed unsure, hesistant, unable to answer proficiently, etc etc...so it was stuff like this, ( reason was really thats my dads manner, esp as hes not fluent in english, and isnt a confident person, he was answering this way, thinking before speaking because of the english), my dad was also asked where he gonig at the time of accident, now the interview took placed 2months after the accident, they allege my dad couldnt remember the name of friend he was going to see....?? so what?

ALso THEY SAY my dad was unable to show what type of car it was that hit him, he was unsureand because dad is a driving instructor he `should have been able to recall model and make.??? MY ANSER here is that hes a driving instructor he teaches people how to drive, he doesnt sell cars?

THE CLAimant says she was slowing down because old people were crossing the road, if the statement is true from her, then the insurer is saying that my dad should also have seen them too...

also apparently my dad didnt get her details even though he claims she was at fault. he did.

my dad was fully insureed with the insurers at the time, incl legal cover,they paid out for the car damage to my dads car. the car at the time was worht 3k more than what they paid out, why would my dad commit fraud to get money on a car that was worht more than what he got, why didnt he just sell it.?

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Re: How to file a defence without a lawyer

The small claims system is designed to allow people to be able to claim or defend without the need to instruct a solicitor. Unless the case is very complex or you don't care about how much money you spend on legal costs then there is no reason why you can't represent yourself. Most people find the actual court hearing itself the stumbling block as it can be quite nerve wracking to have to present or defend your case in front of a judge if you've never done so before so you might want to bear that in mind.

No need to write the address at the top of the defence statement, but make sure your case number is on there. I know I said to submit any other documents that may assist your defence, don't include anything irrelevant either. If you're really struggling with the statement then why not go down to your local citizens advice bureau who should be able to help.

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thanks,

would i or my dad need to actually be in court then? we were told to file a defence, however, it didnt occur to me we may have to fight it out in court too....yikes.....thats a nerve racking exp....

i have written out a defence statement, am trying to get some sort of evidence together.

i am worried now though, may need to go to court, would me being 7month preg allow me to defend? seeing as its not my case, but my dads.and my dad doesnt know anything whatsoever.....so he wouldnt be able to defend himself either..

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Re: How to file a defence without a lawyer

If both parties are in dispute, then a court hearing is likely and you and your dad should bear this in mind.

You won't be able to defend your father, regardless of your pregnancy. He is the defendant, and nor are you his instructed solicitor who would be the only other person that could represent him in court. You can however, attend court with him for moral support and/or to give evidence.

This is why it's always worth paying the little extra on your car insurance and including legal expenses cover in the premium so that in such instances you'll be fully covered.

If your father is a driving instructor, wouldn't he have some kind of public liability insurance anyway though?

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Thats the thing, he does or rather did, have legal exp covered, he was fully insured. i have no idea why they are not giving him indemnity, most likely because they think that hes involved in fraud......only because he was hesistant, and slow in giving answers and he didnt try to get money for personal injury afterwards..so they find this abit weird...but the accident was in 2007, so why bother now? when the insurance even paid out to my dad, his car was worth alot more than what they paid out anyway, so why would he do this........

and how can we prove that it wasnt fraudelent..because all he has to prove is that he wasnt involved, but how.....the truth is, he wasnt.....and thats that,

:

THANKS brit xx