Insurance claim / Court judgement. Will this impact ILR app?

[vc2013]

I met with a very minor road accident in Nov 2009. I was in que and hit the car ahead of me as I didn't apply break in time. Resulting in a minor dent to other party's car but absolutely there was no physical inury's to any one involved. I accepted my fault and gave my insurance details to other party.

Other party sent claim for damages to my insurance company. As the amount of damages claimed by other party was too high (£5k ) compared to what my insurance company offered £1.9k, both parties approached county court to assess damages. In December 2010 Rotheram county court assessed damages to be £2.3k which my insurance company paid off immediately.

Issue here is... as I was the person involved in the accident other party involved me in the court proceedings (though I was fully indemnified by my insurance company for any liabilities resulting from this accident) and my name was mentioned in county court proceedings and judgement.

I have recently consulted my insurance company and solicitor who represented me in the this issue, they both advised me that there was no trail involved as I was not disputing the liability rather both parties (my insurance company and other party) approached court to assess damages. Its a mere paper claim and civil. Also I have not incurred a 'penny from my pocket' from whole of the issue, as I was covered by insurance.

Will this impact my ILR application in August 2013 ? Both my insurance company and solicitor agreed to issue a letter to confirm above facts, will that help.

Senior member and moderators, your advise is much appreciated. Any one in forum had similar situation ? what was your experience?

[Amber]

No it will not affect your ILR. The only time such claims could prove a general grounds for refusal was if you were involved in insurance fraud.

[vc2013]

No it will not affect your ILR. The only time such claims could prove a general grounds for refusal was if you were involved in insurance fraud.

Amber thanks for your reply. As you can see from details above, there was no insurance fraud involved in my case.

I was never worried about this issue before, until I consulted an immigration solicitor recently. He advised me that civil court judgement's can also be considered as non custodial sentence, which means I might need to wait for 3 years from the date court judgement.

Any one with similar situations please share your experience please?
I am planning to apply for my ILR in 2nd week of August.

FYI my CRB basic check was clear. Waiting for ACPO PNC results.

[Amber]

No it will not affect your ILR. The only time such claims could prove a general grounds for refusal was if you were involved in insurance fraud.

Amber thanks for your reply. As you can see from details above, there was no insurance fraud involved in my case.

I was never worried about this issue before, until I consulted an immigration solicitor recently. He advised me that civil court judgement's can also be considered as non custodial sentence, which means I might need to wait for 3 years from the date court judgement.

Any one with similar situations please share your experience please?
I am planning to apply for my ILR in 2nd week of August.

FYI my CRB basic check was clear. Waiting for ACPO PNC results.

The solicitor is a dingbat for saying that and ought to know better. It would never be on a police check anyway so the ACPO search is pointless. Stop worrying,

[vc2013]

Hi
Should I declare above judgement in my application ? I am working with another immigration adviser now.. who suggest me not to make any disclosures in application as i was fully indemnified by insurance company.

Any suggestions?

Many thanks

[Amber]

If you want to disclose it to stop your worrying just write it on a piece of paper and pop it in. It's not a grounds for refusal. There is a box to tick which says civil judgements only if the judgement was in your name as the respondent, I think your insurance company was the respondent were they not? Regardless, it's not a grounds for refusal.

[vc2013]

Hi

Thanks for your reply.

I am clearly listed in judgement (dt Jan 2011) copy as respondent/defendant and judgement copy got no mention of insurance company. However I have received letter from both my insurance company and solicitors who dealt this back in 2011 stating, I was fully indemnified and they had to approach court to agree value of damages in abscense of mutual agreement between my insurance company and claimant insurance company.

As I was listed in copy of judgement it might be ideal to disclose in application?

[Amber]

If you have a CCJ then declare under civil judgement. However, it is not a general ground for refusal so won't be an issue.

[vc2013]

Hi
My ILR got approved today at Croydon PEO. Thanks a lot for your advise.
Many thanks!

[pharmashri]

Hi @vc2013 & Senior members/moderators,

Congratulation @vc2013.

I am having on-going insurance claim where the claimant said that she has a dent to car and injury to neck. The claim is on-going as she needs to go for medical examination for said neck injury and submit it to court / my insurance company so that claim can be settled. The claim from her end is £10,000.

At this moment there is no judgement from the civil court.

From my end I have accepted that I was at fault.

Should I declare/ disclose above on-going civil claim without having judgement in my application ?

@vc2013, what would you suggest, did you declare the judgement in the SET (O) form? Please advice how this can be handled.

Senior member and moderators, if you came across any of the similar situation please advise.Any one in forum had similar situation? what was your experience?

[pharmashri]

Moderator I am feeling quite helpless without your kind advice, please help me in this matter.

[Amber]

No, you don't need to declare a civil case that's pending.

[pharmashri]

Thanks Amber.

[gladiator939]

As vc2013 hasn't clarified just this one point - Can someone please confirm whether a personal injury claim against me (paid out by the Insurance Company) is counted as a 'Civil Penalty' or shows up on one's personal records in any way? By extension, should this be declared on an ILR application in the SET (O) form or elsewhere? Is it even worth mentioning to the caseworker?

My situation is exactly the same as the OP and this post has clarified so much, except the final bit as mentioned above. Any guidance would be super useful, very much appreciated.