Legal Query

[Bionix77]

Hi,

 

I was involved in a 4 cars chain collusion somewhere in May. Mine vehicle was the 3rd car in line. I had manage to stop in time not to hit the second car (BMW), however, the 4th car (Lancer) behind me crashed into me at such speed that it pushes my car to hit the car in front of me.

 

Since, then I had managed to claim 90% from the last vehicle. The first vehicle claim was also settled in early August. However, somewhere in late August, the BMW driver thru her lawyer issued a letter asking me to collect a writ of summon against me from her lawyer office within 5 days. The problem was that this letter is send to my old address. I have since moved and changed my address in June. The letter stated that if i dun reply within 5 days, legal proceedings will be taken against me. It is now 2 months since the letter was sent. I only got the letter last friday when i went back to my old place to collect my letters from the new owner.

 

I had tried to contact the lawyer yesterday. However, she seems to be on 5 days work week. I then tried contacting the BMW driver in an attempt to explain the situation and obtain her lawyer email address, but she had ignored my sms.

 

Seems like I am only able to contact the lawyer tomorrow (Monday). My query here is does the letter and its content still stands since it did not reached me until I went to collect the letter last friday? Just feel that it's quite unfair as I am not able to respond to a letter in which was not send to my present address.

 

Any clarifications or advice will help. Thanks.

[Wolverman]

Simple..

THE ONLY THING YOU MUST DO

Throw whatever writ or crap to ur Insurance company

 

DO NO TALK to the BMW and his so called lawyer...

[Wolverman]

The Writ carp is to scare the crap out of u and it seems you wet your pants.. clean up and do what i said

[Bionix77]

lol, so it does not matter that I had missed the dateline? I.e. I can just go collect the writ from the lawyer tomorrow and pass it to my issurance company?? if so, it's a great relief..

[Ee100]

Just pass the writ of summon to your insurance company and explain the reason for late submisson. I also kena before, where the writ of summon was send to my old address.

[Bionix77]

thanks a lot.. will call the lawyer up tomorrow to collect the writ and send it to my insurance company...

[Toyo]

Just pass the writ of summons to your insurance company. avoid any direct contact with the other party including the lawyers

[Bionix77]

no choice but to call the lawyer as they did not send the writ to me.. only a letter asking me to go collect it from their office.. thus will have to contact the her lawyer no matter how..

 

will pass the writ to my insurance company after that..

[Ee100]

I think u don't have to collect the writ of summon from her lawyer. Just pass the letter to your insurance will do. For my case, writ of summon was sent to me instead of collecting from the other party's lawyer.

[Bionix77]

ok.. will call up AIG first to see if the letter will suffice. if not, then will need to go collect the writ...thanks a lot

[Bentwy]

writ of summon issued by a LAW FIRM? that's just crap.

 

this jurisdiction lies in the court.

 

if it's just a letter giving up some big worded ultimatum, get the FIRM to send it directly to your insurance company. don't involve yourself, especially if some prior settlement was already made.

[Mivec9]

Simple..

THE ONLY THING YOU MUST DO

Throw whatever writ or crap to ur Insurance company

 

DO NO TALK to the BMW and his so called lawyer...

 

totally agree. for comprehensive insurance, ur insurer has their own panel of lawyers. They are supposed to representing you. That's the reason why u buy insurance so that you dun have to bear such risk. Ask your insurer for advice and let them handle all these lawyer letters. u can even seek free legal advice from RC/CDC.

[Wolverman]

No need collect bro.! just pass the letter to ur co..or fax also can

[Galantspeedz]

pls lar... writ of summon has to be served on you to be effective.... alternatively, they can advert on the newspaper to serve the writ. So i doubt the writ has been served on you.

 

now most important thing, was the letter to u, c.c your insurance company or vice versa... just call your insurance company ask them to settle the suit before you kena a writ and sue them upside down.... because then you will have a suit against you and it looks them ugly lor...

 

anyway that was what i did when i rec'd the letter from the other party's lawyer... i called my insurance company, f them... and i never hear from any lawyer anymore

[Sci10213]

Hi,

 

I was involved in a 4 cars chain collusion somewhere in May. Mine vehicle was the 3rd car in line. I had manage to stop in time not to hit the second car (BMW), however, the 4th car (Lancer) behind me crashed into me at such speed that it pushes my car to hit the car in front of me.

 

Since, then I had managed to claim 90% from the last vehicle. The first vehicle claim was also settled in early August. However, somewhere in late August, the BMW driver thru her lawyer issued a letter asking me to collect a writ of summon against me from her lawyer office within 5 days. The problem was that this letter is send to my old address. I have since moved and changed my address in June. The letter stated that if i dun reply within 5 days, legal proceedings will be taken against me. It is now 2 months since the letter was sent. I only got the letter last friday when i went back to my old place to collect my letters from the new owner.

 

I had tried to contact the lawyer yesterday. However, she seems to be on 5 days work week. I then tried contacting the BMW driver in an attempt to explain the situation and obtain her lawyer email address, but she had ignored my sms.

 

Seems like I am only able to contact the lawyer tomorrow (Monday). My query here is does the letter and its content still stands since it did not reached me until I went to collect the letter last friday? Just feel that it's quite unfair as I am not able to respond to a letter in which was not send to my present address.

 

Any clarifications or advice will help. Thanks.

 

You dun have to collect the writ becos the law firm is required by law to serve it on you personally before proceeding onto the next stage. If they cannot serve it on you personally, then they will apply for substituted service i.e. paste on your door. It is YOUR duty to update your insurance company when you change address. Hence, you better jolly well pass it to your insurance company within 7 days when you receive the writ.

[Apollo]

i think they cannot paste, must get court baliff to do it. must pay..

[Unltd]

Writ of summons MUST be served on you la, I think dun have to worry too much. They must find a way to serve it on you or paste notice on your address. Why waste time collect it?!

 

And if you have insurance the lawyers should be writing to your insurance and cc you instead of sending the letters to you direct, this kinda law firm trying scare tactic la. Also a little thing, go check out the timeline they have to contact you since last correspondance. Cause I rem that there is a timeline they must write to you and continue to pursue the case otherwise it "expires". which means no claims on you totally.

 

This kinda things have happened before especially when the law firms exprience many lawyers coming and going.