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Traffic accident Injury Claim, County court

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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hyclassic
Newly Registered
Posts: 7
Joined: Sat Jul 04, 2015 11:48 pm

Traffic accident Injury Claim, County court

Post by hyclassic » Mon Jul 20, 2015 2:18 am

Dear member and seniors

I have recently applied for naturalizations through NCS on 08 July 2015,

I had a road traffic accident back in 2013 and had Injury, third party was at fault but were not admitting it fully so we had to go in the small claims court againt third party. I have had a hearing at county court on 15 July 2015, The judge has adjourned the case pending more details from me and third party and gave another hearing date in Oct 2015.

I am a bit concern that having this case on going in county court where one hearing has held and other is coming in Oct 2015, Will this have any effect on my naturalization application?

I did not mention any thing in my naturalization application about this case and hearing because I was confident that I am going to win this case as my solicitor was quite confident. Do I need to inform Home Office about this case and hearings?

Please advise me further?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Traffic accident Injury Claim, County court

Post by noajthan » Mon Jul 20, 2015 8:53 am

hyclassic wrote:Dear member and seniors

I have recently applied for naturalizations through NCS on 08 July 2015,

I had a road traffic accident back in 2013 and had Injury, third party was at fault but were not admitting it fully so we had to go in the small claims court againt third party. I have had a hearing at county court on 15 July 2015, The judge has adjourned the case pending more details from me and third party and gave another hearing date in Oct 2015.

I am a bit concern that having this case on going in county court where one hearing has held and other is coming in Oct 2015, Will this have any effect on my naturalization application?

I did not mention any thing in my naturalization application about this case and hearing because I was confident that I am going to win this case as my solicitor was quite confident. Do I need to inform Home Office about this case and hearings?

Please advise me further?
From your summary, this is a Civil Law matter and outside the scope of the 'good character' line of questioning in a naturalisation application.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

rakeysh.patel
Diamond Member
Posts: 1175
Joined: Mon Mar 23, 2009 1:07 pm
Location: Basildon, Essex

Re: Traffic accident Injury Claim, County court

Post by rakeysh.patel » Mon Jul 20, 2015 8:59 am

First of all its not an accident - it is RTC [road traffic collision]!

Are you claiming over 10k? did you damage any public property? If you did, you can be prosecuted by Police which is something you should have mentioned as an open case but wouldnt have as much bearing as it does not make you a criminal - I have had an RTC just about 2 months ago, I was at fault, my car is been written off and I had damaged the public property on Motorway [road signs on exit] - I was reported to Police but since I had clean license for over 9 years, I was sent on awareness course and was not prosecuted and hence there is nothing criminal about it. Ask all those questions to yourself and you may get an answer you are after!

EDIT - No points on license but the course did cost £100 - Just renewed my insurance - with car value difference in excess of £20k - renewal price was only bumped up by £20 !
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

hyclassic
Newly Registered
Posts: 7
Joined: Sat Jul 04, 2015 11:48 pm

Re: Traffic accident Injury Claim, County court

Post by hyclassic » Mon Jul 20, 2015 7:57 pm

Dear noajthan, rakeysh.patel and other members

I am not 100% sure how much my solicitors are claiming from third part, I assume it would be over 10K keeping in mind (my solicitors legal fee, disbursements & expenses, my compensations, car damages, etc etc).

Third party has raised up some points in first hearing so the judge has asked us to explain in details and clear these points either before the 2nd hearing or in 2nd hearing.

In worse case scenario, What are the effects on my naturalizations application if I loose this case?

So I take it I did not need to mention it while applying for naturalizations, and I don't need to inform HO now as my naturalization application is being processed.

Can you please advise me further?

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Traffic accident Injury Claim, County court

Post by noajthan » Mon Jul 20, 2015 8:39 pm

hyclassic wrote:Dear noajthan, rakeysh.patel and other members

I am not 100% sure how much my solicitors are claiming from third part, I assume it would be over 10K keeping in mind (my solicitors legal fee, disbursements & expenses, my compensations, car damages, etc etc).

Third party has raised up some points in first hearing so the judge has asked us to explain in details and clear these points either before the 2nd hearing or in 2nd hearing.

In worse case scenario, What are the effects on my naturalizations application if I loose this case?

So I take it I did not need to mention it while applying for naturalizations, and I don't need to inform HO now as my naturalization application is being processed.

Can you please advise me further?
In my opinion, based on what you've outlined it is you who has initiated this civil case, several years after the actual event.
It is not you in trouble with the law or being prosecuted by anyone for any other aspect of the original RTA.
Even if you lose this case (unfortunate as that may be) it doesn't make you any sort of criminal.

Take a look at the Forum FAQs:
http://www.immigrationboards.com/britis ... 36725.html

I don't see how this court case is a reflection on your good character nor how it could be in scope in the context of naturalisation.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

rakeysh.patel
Diamond Member
Posts: 1175
Joined: Mon Mar 23, 2009 1:07 pm
Location: Basildon, Essex

Re: Traffic accident Injury Claim, County court

Post by rakeysh.patel » Tue Jul 21, 2015 9:02 am

You are not being prosecuted by anyone [so it seems from your summary] - as such this should have no negative impact on your application - all IMHO
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

hyclassic
Newly Registered
Posts: 7
Joined: Sat Jul 04, 2015 11:48 pm

Re: Traffic accident Injury Claim, County court

Post by hyclassic » Tue Jul 21, 2015 10:28 am

Dear rakeysh.patel and other members

Thank you for your time and replying.

I have never went into court in a case like this, I don't know 100% what is going to happen next.

I did not damage any public property or anything, It is me who initiated this case in 2013 against the third party.

In worse case scenarios if I loose the case, Will I be prosecuted?

I believe, In terms of Home Office, as it stands I don't need to inform them that there is this case going on in the county court. Or even if I loose the case even then I don't need to inform them unless court prosecute me.

Please advise me further.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Traffic accident Injury Claim, County court

Post by noajthan » Tue Jul 21, 2015 11:27 am

hyclassic wrote:Dear rakeysh.patel and other members

Thank you for your time and replying.

I have never went into court in a case like this, I don't know 100% what is going to happen next.

I did not damage any public property or anything, It is me who initiated this case in 2013 against the third party.

In worse case scenarios if I loose the case, Will I be prosecuted?

I believe, In terms of Home Office, as it stands I don't need to inform them that there is this case going on in the county court. Or even if I loose the case even then I don't need to inform them unless court prosecute me.

Please advise me further.
Suggest you ask your solicitor to explain the court process to you in more detail.
Even if you lose a civil case like this one you will not be prosecuted, you either win or lose.

It does not appear to be anything HO will be interested in in relation to your separate naturalisation application.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

rakeysh.patel
Diamond Member
Posts: 1175
Joined: Mon Mar 23, 2009 1:07 pm
Location: Basildon, Essex

Re: Traffic accident Injury Claim, County court

Post by rakeysh.patel » Tue Jul 21, 2015 11:44 am

You get prosecuted ONLY IF you do something you should not. You claiming against third party to recoup your expenses is not an admission of guilt. Trust me, dont loose your sleep over it, chances are you will still get your approval before some of us :)
An [Expensive] Immigrant journey has ended 19/08/2015. Good luck to you all out there...

hyclassic
Newly Registered
Posts: 7
Joined: Sat Jul 04, 2015 11:48 pm

Re: Traffic accident Injury Claim, County court

Post by hyclassic » Tue Jul 21, 2015 2:37 pm

Dear All

Thank you so much for your advise.

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